Statement by the Delegation of the United States of America in response to the report by the Head of the OSCE Mission to Serbia, Ambassador Andrea Orizio
Schedule 1 makes provision, including provision amending RPA 1983, in connection with the production of identification at polling stations by voters.
Schedule 2 contains provision, including provision amending Schedule 2 to RPA 1983, in connection with applications relating to registration, applications to vote by post or proxy, and applications for particular kinds of document.
Schedule 3 contains provision limiting the period for which a person can apply to vote by post—
at parliamentary elections in England and Wales and Scotland, and
at local government elections in England.
RPA 1983 is amended as follows.
After section 112 insert—
In section 160 (persons reported personally guilty of corrupt or illegal practices), in subsection (4A) for “or 62B” substitute “, 62B or 112A”.
In section 168 (prosecutions for corrupt practices), in subsection (1)(a)(i), before “above” insert “or 112A”.
In section 173 (incapacities on conviction of corrupt or illegal practice), in subsection (2) for “or 62B” substitute “, 62B or 112A”.
RPA 1983 is amended as follows.
Schedule 1 (Parliamentary elections rules) is amended in accordance with subsections (3) and (4).
In rule 32 (admission to polling station), in paragraph (1), after sub-paragraph (b) insert—.
In rule 45 (the count)—
in paragraph (1B)—
omit “and” at the end of sub-paragraph (c);
insert “and” at the end of sub-paragraph (d);
after sub-paragraph (d) insert—;
in paragraph (2)—
for sub-paragraph (a) substitute—;
insert “and” at the end of sub-paragraph (b);
after sub-paragraph (b) insert—
In Schedule 2 (provisions which may be contained in regulations as to registration etc), after paragraph 12 insert—
Schedule 4—
contains amendments limiting a person’s entitlement to vote as proxy— (see paragraphs 6(4) and 7(2)), and
at parliamentary elections, and
at local government elections in England,
makes related provision about proxy voting and proxy appointments.
Section 66 of RPA 1983 (requirement of secrecy) is amended as follows.
After subsection (3) insert—
After subsection (4) insert—
In subsection (5), after “to vote”, in the first place it occurs, insert “at an election in Scotland or Wales under the local government Act”.
After subsection (6) insert—
In rule 31 of Schedule 1 to RPA 1983 (Parliamentary elections rules: notification of requirement of secrecy)—
in paragraph (1)(a), for “blind voter” substitute “relevant voter”;
In paragraph (1)(a) “relevant voter” means a voter who is blind, has another disability, or is unable to read.
After section 114 of RPA 1983 insert—
In section 115 of RPA 1983 (undue influence)—
in subsection (1), after “influence” insert “in relation to an election in Scotland or Wales under the local government Act”;
in subsection (2), after “influence” insert “in relation to an election in Scotland or Wales under the local government Act”;
in the heading, after “influence” insert “: local government elections in Scotland and Wales”.
Schedule 5 contains further provision relating to this section.
Schedule 1 to RPA 1983 (Parliamentary elections rules) is amended as follows.
In rule 29 (equipment of polling stations)—
in paragraph (3A), for sub-paragraph (b) substitute—;
In this rule, “relevant persons” means persons who find it difficult or impossible to vote in the manner directed by rule 37 because of—
The Electoral Commission must give guidance to returning officers in relation to the duty imposed by paragraph (3A)(b). Before giving guidance under paragraph (8), the Commission must consult such persons, including bodies representing the interests of relevant persons, as they consider appropriate. In performing the duty imposed by paragraph (3A)(b), a returning officer must have regard to guidance given under paragraph (8).
In rule 39 (voting by persons with disabilities)—
in paragraph (2)(b)(i), for “is a qualified person within the meaning of this rule” substitute “is aged 18 or over”;
in paragraph (3), omit the words from “and a person” to the end.
In the Appendix of Forms, in the form of declaration to be made by the companion of a voter with disabilities—
for the words from “[I am entitled” to “18 years],” substitute “I am aged 18 or over”;
omit “* State the relationship of the companion to the voter.”
In section 5 of PPERA (reports on elections etc), after subsection (2A) insert—
Schedule 1 to RPA 1983 (Parliamentary elections rules) is amended as follows.
If a candidate— the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with paragraph (2)(a).
In rule 14 (publication of statement of persons nominated), in paragraph (2A)—
for “in addition to another name” substitute “in accordance with rule 6(2A)”;
for “any other name” substitute “the other surname or forename”.
In the form of nomination paper in the Appendix of forms, for note 2A substitute—
Schedule 1 to RPA 1983 (Parliamentary elections rules) is amended as follows.
In rule 6 (nomination of candidates)—
in paragraph (5)(b), for the words from “state” to the end substitute —;
In paragraph (5)(b)(i), “relevant area” means—
In the Appendix of forms, in the Form of Front of Ballot Paper, for the address after “Catherine Angelina Smith” substitute “(address in [relevant area])”.
Schedule 6 contains provision relating to local elections in Northern Ireland and elections to the Northern Ireland Assembly (including provision corresponding to provision made by this Part in relation to parliamentary elections in Northern Ireland).
“referendum campaign broadcast” has the meaning given in section 127(2) of PPERA.
The Local Government Act (Northern Ireland) 1972 is amended as follows. In section 9(4) (vacation of office on account of non-attendance), after “2014” insert “, or suspended under section 31(4) of the Elections Act 2022,”. In section 10 (declaration of vacancy in office)—
The Greater London Authority Act 1999 is amended as follows. In section 6(5) (Assembly members: failure to attend meetings), after “2000” insert “, or suspended under section 31(4) of the Elections Act 2022,”. In section 7(b) (Assembly members: declaration of vacancy in certain cases), after sub-paragraph (ia) insert—. In section 9 (Assembly members: date of casual vacancies)— In section 13(2) (Mayor: failure to attend meetings), after “2000” insert “, or suspended under section 31(4) of the Elections Act 2022,”. In section 14(b) (Mayor: declaration of vacancy in certain cases), after sub-paragraph (ia) insert—.
The Police Reform and Social Responsibility Act 2011 is amended as follows. In section 59 (date of vacancy in office of commissioner)—
This paragraph applies if— The candidate or election agent is instead guilty of an illegal practice. The Scottish Parliament (Elections etc.) Order 2015 (S.S.I. 2015/425) applies in relation to the candidate or election agent and the illegal practice as it applies in relation to a candidate or election agent and an illegal practice by virtue of article 72(12) of that Order (details to appear on election publications).
This paragraph applies if— The candidate or election agent is instead guilty of an illegal practice. The Electoral Law Act (Northern Ireland) 1962 applies in relation to the candidate or election agent and the illegal practice as it applies in relation to a candidate or election agent and an illegal practice by virtue of paragraph 14 of Schedule 9 to that Act (electoral misdemeanours).
The following provisions are revoked—
paragraph 10 of Schedule 2 to the Local Government Elections (Changes to the Franchise and Qualification of Members) Regulations 1995 (S.I. 1995/1948);
article 15(3) of the Local Elections (Northern Ireland) (Amendment) Order 2001 (S.I. 2001/417);
article 4(1)(b) of the Local Elections (Northern Ireland) (Amendment) Order 2005 (S.I. 2005/1969);
paragraph 38 of Schedule 1 to the Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977).
This paragraph applies to a person who is for the time being registered in a register of parliamentary electors in pursuance of a pre-commencement declaration (regardless of when the person’s application for registration in the register is determined). In such a case— Section 1D(1)(a) has effect as if it provided for the person to remain registered— In sub-paragraph (3)(b), “the specified day” means the day specified by the Secretary of State by regulations made by statutory instrument. In this paragraph—
The Secretary of State may take whatever steps the Secretary of State considers appropriate to promote awareness among qualifying people of the changes made by section 14 to the overseas elector franchise. In this paragraph— A person with functions of a public nature may disclose information to the Secretary of State for the purpose of enabling the Secretary of State to identify those who are, or are likely to be, qualifying people. The Secretary of State may use information held by, or provided to, the Secretary of State for the purpose of identifying people who are, or are likely to be, qualifying people. Personal data may not be disclosed or used under this paragraph if the disclosure or use would contravene the data protection legislation (but in determining whether the disclosure would do so, the powers conferred by sub-paragraphs (3) and (4) are to be taken into account). In sub-paragraph (5), “personal data” and “the data protection legislation” have the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
In section 200 of the Finance Act 1996 (domicile for tax purposes of overseas electors), in subsection (3)(a), for “section 1(1)(a)” substitute “section 1(2)(a)”.
In section 102(1) of the Police Reform and Social Responsibility Act 2011 (interpretation of Part 1), for the definition of “overseas elector’s declaration” substitute—
In Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599) (application with modifications of RPA 1983 etc), the table is amended as follows. In the right-hand column of the entry for section 49 of RPA 1983 (effect of registers), for the existing text substitute “In subsection (5)(b)(iiia), for “a local government elector in England” substitute “an elector””. Section 203A (meaning of “qualifying EU citizen”) Section 203B (meaning of “EU citizen with retained rights”) Schedule 6A (list of countries for purposes of section 203A)
The City of London (Various Powers) Act 1957 is amended as follows. In section 4(1) (interpretation of Part 2)— In section 5 (qualification of candidate for election to common council), in subsection (1), for “or a relevant citizen of the Union” substitute “or a qualifying EU citizen or an EU citizen with retained rights”. In section 6 (qualification of voters at ward elections), in subsection (1), for “relevant citizens of the Union” substitute “qualifying EU citizens or EU citizens with retained rights”.
In Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009 (mayors for combined authority areas), in paragraph 8(3), for the definition of “qualifying citizen” substitute—
In section 3 of the Local Government Act (Northern Ireland) 1972 (qualifications)—
in subsection (1), for “or a relevant citizen of the Union” substitute “or a qualifying EU citizen or an EU citizen with retained rights”;
in subsection (2)—
omit from ““citizen of the Union” shall” to “Ireland; and”;
after “election” insert “; and “qualifying EU citizen” and “EU citizen with retained rights” have the same meaning as in the Representation of the People Act 1983 (see sections 203A and 203B of that Act).”
The Greater London Authority Act 1999 is amended in accordance with subsections (2) to (5).
In section 4 (voting at ordinary elections)—
in subsection (1)(a), omit “(referred to in this Part as a mayoral vote)”;
in subsection (2), omit “, unless there are three or more candidates”;
omit subsection (3).
In section 16 (filling a vacancy)—
in subsection (3), for “a mayoral vote” substitute “one vote which may be given for a candidate to be the Mayor”;
for subsection (4) substitute—
In section 29 (interpretation of Part 1), omit the definition of “mayoral vote”.
In Schedule 2 (voting at elections), omit Part 1.
In section 165 of RPA 1983 (avoidance of election for employing corrupt agent), omit subsection (4).
The Electoral Law Act (Northern Ireland) 1962 (c. 14 (N.I.)) is amended as follows.
This paragraph applies where— The coming into force of the relevant provision does not affect the person’s qualification to continue holding that office until the end of their current term in that office. For the purposes of this paragraph, a person is to be treated as holding an office from the time when the person is elected as, or declared to be returned as, the holder of the office (and accordingly the person’s term of office is to be treated as beginning at that time). The following offices fall within this sub-paragraph— In sub-paragraph (4)(b), “local authority in England” means a county council in England, a district council, a parish council, a London borough council or the Council of the Isles of Scilly.
The Local Government Act 2000 is amended as follows.
In section 96 (provisions applying to all persons reported personally guilty of a corrupt or illegal practice)—
omit “or” at the end of subsection (3A)(b);
after subsection (3A)(b) insert—.
In section 9HC (voting at elections of elected mayors)—
for subsection (1) substitute—;
in subsection (2), omit “, unless there are three or more candidates”;
omit subsection (3).
In section 108 (penalties for corrupt practices), in subsection (4)(a)(i), for “or 4A”, in both places, substitute “, 4A or 5ZA”.
In section 9HD (entitlement to vote), in subsection (2), for “first preference vote, or more than one second preference vote,” substitute “vote”.
In section 112 (incapacities resulting from convictions for corrupt or illegal practices)—
omit “or” at the end of subsection (1A)(b);
after subsection (1A)(b) insert—.
In section 9R (interpretation of Part 1A), in subsection (1), omit the definitions of “first preference vote” and “second preference vote”.
In section 114 (corrupt and illegal practices committed by agents), in subsection (1)(a), after “paragraph” insert “5ZA or”.
In Schedule 2 (election of elected mayor), in paragraph 1, after “authority” insert “in Wales”.
Schedule 5 (local elections rules) is amended in accordance with paragraphs 7 to 22.
If a candidate— the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with paragraph (2)(a).
In rule 12 (publication of statement of persons nominated), in paragraph (2A)—
for “in addition to another name” substitute “in accordance with rule 5(2A)”;
for “any other name” substitute “the other surname or forename”.
After rule 16A insert—
The returning officer must ensure that each polling station contains an area in which voters can produce proof of identity in private.
In rule 23 (appointment of presiding officers and clerks), in paragraph (3), for the words from “except” to the end substitute except—
Rule 26 (equipment of polling stations) is amended as follows. In paragraph (3), after sub-paragraph (e) insert— For paragraph (3A)(b) substitute— In this rule, “relevant persons” means persons who find it difficult or impossible to vote in the manner directed by rule 34 because of— The Electoral Commission must give guidance to returning officers in relation to the duty imposed by paragraph (3A)(b). Before giving guidance under paragraph (3C), the Commission must consult such persons, including bodies representing the interests of relevant persons, as they consider appropriate. In performing the duty imposed by paragraph (3A)(b), a returning officer must have regard to guidance given under paragraph (3C). Omit paragraphs (5) to (10).
Rule 32 (questions to be put to voters) is amended as follows. In paragraph (1A), after “elector” insert “or as proxy”. In the case of a person applying as proxy, the presiding officer may, and if required as mentioned in paragraph (1) above must, put the following additional question:— Where a clerk— the clerk must refer the matter to the presiding officer, who must put the question to the person again. Where the presiding officer— the officer must refuse to deliver a ballot paper to the person. For the purposes of this rule, a person to whom any question is to be put is given “the required information” if the person is first informed that—
Rule 34 (voting procedure) is amended as follows. For the heading substitute “Voting procedure and voter identification requirements”. The presiding officer or clerk must arrange for the voter to produce a specified document in a private area of the polling station if the voter so requests, and, in such a case, must ensure that no other persons witness the production except as permitted by the voter. In paragraph (3), for the words from “the officer” to the end substitute — In paragraph (4)— In paragraph (5), after “decides” insert “or reasonably suspects (as the case may be)”. There is an exception from paragraph (4) for cases within paragraph (3)(a) where— The refusal to deliver a ballot paper to a voter under paragraph (4) does not prevent the voter making a further application under paragraph (1), and paragraphs (1A) to (5A) apply on any further application. For the purposes of paragraph (3)(a)(ii), “relevant provision” means— In paragraph (6)— In this rule, a “forged document” means a false document made to resemble a specified document. No person other than the presiding officer or a clerk may inspect a document produced as proof of a voter’s identity, except as permitted by the voter.
In rule 35 (votes marked by presiding officer), in paragraph (2), for the words from “reading” to the end substitute “but as if—
Rule 36 (voting by persons with disabilities) is amended as follows. In paragraph (2)(b)(i), for “is a qualified person within the meaning of this rule” substitute “is aged 18 or over”. In paragraph (2A), for the words from “reading” to the end substitute “but as if— In paragraph (3), omit the words from “and a person” to the end.
In rule 37 (tendered ballot papers), in paragraph (2)—
for “paragraph (1)” substitute “this rule”;
after “34(1)” insert “, but as if the reference in rule 34(5B) to making a further application under rule 34(1) were to seeking a further time to mark a tendered ballot paper under the paragraph of this rule under which a previous such attempt was made”.
In rule 38 (refusal to deliver ballot paper), in paragraph (2), after “that” insert “and to rule 34(5B)”.
In rule 41(1) (sealing and delivery of documents etc), after sub-paragraph (da) insert—.
Rule 56A (destruction of home address forms) is amended as follows. For “each candidate’s home address form” substitute “the documents mentioned in paragraph (1A)”. The documents referred to in paragraph (1) are— In the heading, after “forms” insert “and date of birth lists”.
In form 1 in the Appendix of Forms (form of nomination paper), for note 3 substitute—
In the Appendix of Forms, in form 10 (declaration for the companion of a voter with disabilities)—
in the section of the form beginning “I have been requested”, for the words from “I am entitled” to “does not apply” substitute “I am aged 18 or over”;
in the section of the form beginning “NOTE”, after “any person” insert “, except the elector to whom assistance is being provided,”.
Schedule 9 (electoral misdemeanours) is amended in accordance with paragraphs 24 to 27.
For paragraph 3 substitute—
After paragraph 5 insert—
Paragraph 12A (illegal practices: voting offences) is amended as follows. A person (“P”) is guilty of an illegal practice if P applies for the appointment of a proxy to vote for P— A person is also guilty of an illegal practice if the person votes as proxy— In sub-paragraph (6), after “deemed to have voted” insert “(but see sub-paragraph (6A))”. For the purpose of determining whether an application for a ballot paper constitutes an offence under sub-paragraph (2)(a)(i) or (3)(a)(i), a previous application is to be disregarded if the applicant’s failure to vote on that occasion resulted only from a failure to produce satisfactory proof of identity.
Paragraph 27 (requirement of secrecy) is amended as follows. In sub-paragraph (3)— A person is guilty of an electoral offence if the person— The circumstances referred to in sub-paragraph (3A)(c) are where V is about to mark, is in the process of marking, or has just marked, a ballot paper sent to V for voting by post at the election. But— Sub-paragraph (3A)(c) and (d) does not apply where the purpose (or main purpose) for which the information is sought or communicated is its use for the purposes of— In sub-paragraph (3D)— A person voting as proxy for an elector at a local election is guilty of an electoral offence if the person— A person who has undertaken to assist a relevant voter to vote at a local election is guilty of an electoral offence if the person communicates at any time to any person except that voter any information as to— In sub-paragraph (5) “relevant voter” means a voter who is blind, has another disability, or is unable to read.
member of the London Assembly;
This paragraph applies if— The candidate or election agent is instead guilty of an illegal practice. RPA 1983 applies in relation to the candidate or election agent and the illegal practice as it applies in relation to a candidate or election agent and an illegal practice by virtue of section 110(12) (details to appear on election publications) of that Act. In sub-paragraph (3) references to RPA 1983 include references to that Act— In this paragraph “combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009. In this paragraph “combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.
This paragraph applies if— The candidate or election agent is instead guilty of an illegal practice. RPA 1983 applies in relation to the candidate or election agent and the illegal practice as it applies in relation to a candidate or election agent and an illegal practice by virtue of section 110A(14) of that Act (details to appear on election publications).
This paragraph applies if— The MP is instead guilty of an illegal practice. The Recall of MPs Act 2015 (Recall Petition) Regulations 2016 (S.I. 2016/295) apply in relation to the MP and the illegal practice as they apply in relation to an MP and an illegal practice by virtue of regulation 131(9) of those regulations (details to appear on petition publications).
An offence under any of the following provisions of the Theft Act 1968—
section 9, where the offence is burglary with intent to—
inflict grievous bodily harm on a person, or
do unlawful damage to a building or anything in it;
section 10 (aggravated burglary);
section 12A (aggravated vehicle-taking);
section 21 (blackmail).
An offence under section 1 of the Protection from Eviction Act 1977 (unlawful eviction and harassment of occupier).
An offence under article 54 of the Rent (Northern Ireland) Order 1978 (unlawful eviction and harassment of occupier).
An offence under section 22 of the Rent (Scotland) Act 1984 (unlawful eviction and harassment of occupier).
An offence under either of the following provisions of the Criminal Justice Act 1988—
section 39(1) (common assault or battery);
section 134 (torture).
An offence under section 241 of the Trade Union and Labour Relations (Consolidation) Act 1992 (intimidation or annoyance by violence or otherwise).
An offence under any of the following provisions of the Protection from Harassment Act 1997—
section 2 (harassment);
section 2A (stalking);
section 4 (harassment involving putting a person in fear of violence);
section 4A (stalking involving putting a person in fear of violence).
An offence under section 127 of the Communications Act 2003 (improper use of public electronic communications network).
An offence under any of the following provisions of the Sexual Offences (Scotland) Act 2009—
section 1 (rape);
section 2 (sexual assault by penetration);
section 3 (sexual assault);
section 8 (sexual exposure).
An offence under section 3 of the Hate Crime and Public Order (Scotland) Act 2021 (racially aggravated harassment).
Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009 (mayors for combined authority areas: further provision about elections) is amended as follows.
In paragraph 4 (voting at elections of mayors)—
Each person entitled to vote as an elector at an election for the return of a mayor is to have one vote which may be given for a candidate to be the mayor.
in sub-paragraph (2), omit “, unless there are three or more candidates”;
omit sub-paragraph (3).
Omit paragraph 5.
In paragraph 6 (entitlement to vote), in sub-paragraph (2), for “first preference vote, or more than one second preference vote,” substitute “vote”.
The Local Government Act 1972 is amended as follows. In section 85(3A) (vacation of office by failure to attend meetings), after “2000” insert “, or suspended under section 31(4) of the Elections Act 2022,”. In section 86 (declaration by local authority of vacancy), in subsection (1)(b), after “1983” insert “, or by virtue of an order under section 30 of the Elections Act 2022”. In section 87 (date of casual vacancies)—
The Northern Ireland Act 1998 is amended as follows. In section 37(4) (effect of disqualification)—
The Armed Forces Act 2006 is amended as follows. After section 236 insert—
This paragraph applies if— The candidate or election agent is instead guilty of an illegal practice. The Senedd Cymru (Representation of the People) Order 2025 (S.I. 2025/864) (W. 150) applies in relation to the candidate or election agent and the illegal practice as it applies in relation to a candidate or election agent and an illegal practice by virtue of article 78(13) of that Order (printer’s name and address on election publications). In this paragraph “constituency candidate”, “individual candidate” and “party list candidate” have the same meanings as in that Order (see article 2).
This paragraph applies if— The candidate or election agent is instead guilty of an illegal practice. The Police and Crime Commissioner Elections Order 2012 (S.I. 2012/1917) applies in relation to the candidate or election agent and the illegal practice as it applies in relation to a candidate or election agent and an illegal practice by virtue of article 64(12) of that Order (details to appear on election publications).
This paragraph applies if a relevant enforcer has given a notice under paragraph 1(1) requiring any information to be provided. The High Court or (in Scotland) the Court of Session may make an information disclosure order against a person (“the respondent”) if satisfied on an application by a relevant enforcer that there is information identified in the notice under paragraph 1(1) which— An information disclosure order is an order requiring the respondent to provide to a relevant enforcer, within such time as is specified in the order, such information falling within sub-paragraph (2)(b) as is identified in the order.
Nothing in this Schedule requires a person to provide anything in respect of which a claim to legal professional privilege (or in Scotland to confidentiality of communications) could be maintained in legal proceedings.
In this Schedule “relevant enforcer” means the Electoral Commission or a constable.
Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599) (application with modifications of provisions of the Representation of the People Act 1983 etc) is amended as follows.
Section 36 of the Northern Ireland Act 1998 (disqualification) is amended as follows. After subsection (4) insert— In subsection (7), for “citizen of the European Union” substitute “qualifying EU citizen or an EU citizen with retained rights”. After subsection (7) insert—
The Secretary of State may by regulations make transitional or saving provision in connection with provision made by this Schedule. Regulations under this paragraph may— Regulations under this paragraph are to be made by statutory instrument. A statutory instrument containing regulations under this paragraph may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament. Nothing in this paragraph affects the generality of section 67(4) (power to make transitional etc provision in connection with commencement).
In Schedule 5 to the Electoral Law Act (Northern Ireland) 1962 (local elections rules), in the Appendix of Forms, in form 2 (consent to nomination), for “or a citizen of another Member State of the European Union” substitute “, qualifying EU citizen (within the meaning of section 203A of the Representation of the People Act 1983) or EU citizen with retained rights (within the meaning of section 203B of that Act)”.
The Police Reform and Social Responsibility Act 2011 is amended as follows.
This paragraph applies if a relevant enforcer has given a notice under paragraph 1(2) requiring any electronic material to be provided. The High Court or (in Scotland) the Court of Session may make an electronic material disclosure order against a person (“the respondent”) if satisfied on an application by a relevant enforcer that there is electronic material referred to in the notice under paragraph 1(2) a copy of which— An electronic material disclosure order is an order requiring the respondent to provide to a relevant enforcer, within such time as is specified in the order, a copy of such electronic material falling within sub-paragraph (2)(b) as is identified in the order.
In subsection (1A)(a) and (b)(ii) omit the words “, or at parliamentary elections,”. Omit subsection (1A)(e) and (f)
In section 57 (voting at elections of police and crime commissioners)—
in subsection (2), omit “, unless there are three or more candidates”;
omit subsections (3) to (5).
Section 112A (handling of postal voting documents by political campaigners) In subsection (8), in the definition of “postal voting document”, omit “postal voting statement,”.
Omit Schedule 9.
Section 114A (undue influence)
Rule 19B (preparation of date of birth lists) In paragraph (1A)(b), for the words “register of parliamentary electors in Great Britain” substitute “register of local government electors in Great Britain”.
The entries in the right-hand column of the table in relation to Schedule 1 to RPA 1983 (Parliamentary elections rules) are amended in accordance with paragraphs 41 to 43.
In the entry for rule 31 (notification of requirement of secrecy), omit the words in the right-hand column.
In paragraph (1DC), for sub-paragraph (b) substitute—
In paragraph (1A), for “vote to be marked on a ballot paper” substitute “ballot paper to be marked”.
Rule 53B (destruction of date of birth lists)
In the entry for section 8 of the Representation of the People Act 1985 (proxies at elections), in the right-hand column—
In subsection (2A), for “register of parliamentary electors in Great Britain or Northern Ireland” substitute “register of local government electors in Great Britain or a register of local electors in Northern Ireland
In subsection (7A), for “subsections (6) and” substitute “subsection”.
In the Annex, in the form of declaration to be made by the companion of a voter with disabilities—
in the section of the form beginning “I have been requested”, for the words from “I am entitled” to “does not apply” substitute “I am aged 18 or over”;
in the section of the form beginning “NOTE”, after “any person” insert “except the elector to whom assistance is being provided”.
For sections 1 and 2 of the Representation of the People Act 1985 substitute—
Schedule 7 contains amendments and transitional provision relating to this section.
Schedule 8 makes provision about voting and candidacy rights of EU citizens in relation to local elections in England and certain other elections.
After section 4 of PPERA insert—
After section 13 of PPERA insert—
In Schedule 2 to PPERA (Speaker’s Committee), after paragraph 3 insert—
In section 2 of PPERA (Speaker’s Committee), after subsection (2) insert—
The reference in sub-paragraph (1)(c) to the member who is the Secretary of State for Levelling Up, Housing and Communities does not include any member appointed under section 2(2A).
The following are revoked—
the Transfer of Functions (Speaker’s Committee) Order 2021 (S.I. 2021/310);
in article 7(1) of the Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 (S.I. 2021/1265), sub-paragraphs (b) and (c).
Paragraph 2 of Schedule 1 to PPERA (the Electoral Commission: incidental powers) is amended as follows.
The existing text becomes sub-paragraph (1).
In sub-paragraph (1)—
after “may” insert “(subject to sub-paragraph (2))”;
omit “(except borrow money)”.
The Commission may not—
In section 90C of RPA 1983 (property, goods, services etc provided free of charge or at a discount), after subsection (1) insert—
In section 73 of PPERA (notional campaign expenditure)—
after subsection (1) insert—;
in subsection (10), after “(1),” insert “(1A),”.
In section 86 of PPERA (notional controlled expenditure), after subsection (1) insert—
In section 94 of PPERA (limits on controlled expenditure by third parties), after subsection (8) insert—
In section 112 of PPERA (notional referendum expenses), after subsection (1) insert—
For the purposes of sub-paragraph (3), property, services or facilities are made use of on behalf of P only if their use on behalf of P is directed, authorised or encouraged by P or (where P is an accredited campaigner) by P or the responsible person.
In section 52B of the Electoral Law Act (Northern Ireland) 1962 (c. 14 (N.I.)) (property, goods, services etc provided free of charge or at a discount), after subsection (1) insert—
In paragraph 14 of Schedule 4A to RPA 1983 (election expenses: Electoral Commission guidance)—
in sub-paragraph (1), after paragraph (b) insert—;
in sub-paragraph (7)(b), after “order” insert “made by statutory instrument”.
In section 156 of PPERA (orders and regulations), in subsection (3)—
omit the “or” after paragraph (a);
after paragraph (a) insert—.
In subsection (4C) of that section, for “(3)” substitute “(3)(a) or (b)”.
In section 73 of RPA 1983 (payment of expenses through election agent), as it applies otherwise than in relation to local government elections in Scotland, in subsection (5)—
omit the “or” after paragraph (c);
after paragraph (c) insert—.
In section 39 of the Electoral Law Act (Northern Ireland) 1962 (c. 14 (N.I.)) (payment of expenses through an election agent), in subsection (3), after paragraph (c) insert—.
Section 28 of PPERA (registration of parties) is amended in accordance with subsections (2) to (4).
In subsection (1)—
omit the “and” after paragraph (a);
after paragraph (b) insert , and
Before subsection (4) insert—
After subsection (8) insert—
In section 34 of PPERA (registration of minor parties), in subsection (8)(c)(i), for “sections 28(4) to (8)” substitute “sections 28(1)(c) and (3B) to (8C)”.
PPERA is amended as follows.
In section 28 (registration of parties), after subsection (7) insert—
In section 85 (controlled expenditure by third parties), in subsection (7), omit paragraph (b).
In section 88 (third parties recognised for purposes of Part 6)—
in subsection (2), omit paragraph (b);
in subsection (3), omit paragraph (b);
in subsection (3A), for “(3)(b)(iii), (c)(ii) or (d)(ii)” substitute “(3)(c)(ii) or (d)(ii)”.
In section 90 (restriction on incurring controlled expenditure), omit subsection (3).
In section 95 (control of donations to recognised third parties), omit the words from “which” to the end.
In section 95A (quarterly donation reports), omit subsection (11).
In section 95B (weekly donation reports during general election periods), omit subsection (11).
In section 96 (returns as to controlled expenditure), in subsection (2)(d), omit the words from “in a case” to “minor party,”.
In section 99 (declaration by responsible person as to return under section 96), in subsection (3), omit the words from “, in a case” to “minor party,”.
In Schedule 11 (control of donations to recognised third parties), in paragraph 1—
in sub-paragraph (1), omit the words from “which” to the end;
omit sub-paragraph (3).
If controlled expenditure is incurred by or on behalf of a relevant person during any post-commencement period in relation to which any limit is imposed by Schedule 10 to PPERA (limits on controlled expenditure), no campaign expenditure may be incurred during that period by or on behalf of the person.
“Relevant person” means a person who, immediately before the commencement date, is both a registered party and a recognised third party.
Where campaign expenditure is incurred by or on behalf of a relevant person in contravention of subsection (1), section 79(2) of PPERA (offence for exceeding limit on campaign expenditure) applies as if campaign expenditure had been incurred in excess of any limit imposed by Schedule 9 to PPERA (and for this purpose references in section 79(2) of PPERA to a registered party are to be read as references to the relevant person in its capacity as a registered party).
See also section 89A of PPERA (inserted by section 26 below), which among other things restricts the incurring of controlled expenditure by or on behalf of a registered party which is also a third party.
A third party may not give a notification under section 88(4)(b) of PPERA (recognised third parties: renewal of original notification) on or after the commencement date if it is also a registered party.
In this section—
“overseas elector’s declaration” has the meaning given by section 2(1) of RPA 1985 (as that provision had effect immediately before the commencement date);
Paragraph 6 of Schedule 4 to the Representation of the People Act 2000 (proxies at parliamentary elections and local government elections in Great Britain) is amended as follows. A person— An elector falls within this sub-paragraph— Where the polls for two or more parliamentary elections are held on the same day, references in sub-paragraph (5C) to a parliamentary election are to all of those elections taken together. Where the polls for two or more local government elections in England are held on the same day, references in sub-paragraph (5C) to a local government election in England are to all of those elections taken together. In sub-paragraph (6)—
“local referendum campaign” means a campaign conducted with a view to promoting or procuring a particular outcome in relation to the question to be asked in a local referendum;
Section 2(2) of the Elections (Northern Ireland) Act 1985 is repealed.
A relevant enforcer may give notice in writing to any person requiring the person to provide a relevant enforcer, or a person authorised by a relevant enforcer, with any information which— A relevant enforcer may give notice in writing to any person requiring the person to provide a relevant enforcer, or a person authorised by a relevant enforcer, with a copy of any electronic material which— A person to whom a notice is given under this paragraph must comply with it within such reasonable time as is specified in the notice. A relevant enforcer may by notice in writing withdraw or vary a notice under this paragraph at any time.
An authorisation of a person by a relevant enforcer under this Schedule must be in writing.
A disclosure of information pursuant to a requirement under this Schedule does not breach— A duty imposed by virtue of this Schedule does not require a person to disclose information if to do so would contravene the data protection legislation (but in determining whether the disclosure would do so, the duty imposed by virtue of this Schedule is to be taken into account). In sub-paragraph (2) “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3(9) of that Act).
Schedule 4 to the Representation of the People Act 2000 (absent voting in Great Britain) is amended as follows.
Paragraph 3 (absent vote at elections for definite or indefinite period) is amended as follows. In sub-paragraph (1)— Any grant of an application under sub-paragraph (1) to vote by post at parliamentary elections, or at local government elections in England, is to be for— But where the person is or will be registered in the register of parliamentary electors in pursuance of an overseas elector’s declaration, sub-paragraph (1A) does not apply and instead any grant of an application to vote by post at parliamentary elections is to be for— In sub-paragraph (4)— In sub-paragraph (5)— In sub-paragraph (7)— Sub-paragraph (1A) applies to an application under sub-paragraph (7) to vote by post at parliamentary elections, or at local government elections in England, as it applies to an application under sub-paragraph (1) (but this is subject to sub-paragraph (7B)). Where an application under sub-paragraph (7) to vote by post at parliamentary elections is made by a person who is or will be entitled to be registered in the register of parliamentary electors in pursuance of an overseas elector’s declaration, sub-paragraph (1B) applies to the application as it applies to an application under sub-paragraph (1). In the heading before paragraph 3, for “definite or indefinite” substitute “a”.
Paragraph 7 (voting as proxy) is amended as follows. In sub-paragraph (4), in paragraph (a) omit “(whether for an indefinite period or for a particular period specified in his application)”. In sub-paragraph (5), in paragraph (c) after “requirements” insert “and, in the case of an application to vote by post as proxy at local government elections in Scotland or Wales for a particular period, specifies the period”. Any grant of an application under sub-paragraph (4)(a) to vote by post as proxy at parliamentary elections, or at local government elections in England, is to be for— In sub-paragraph (6)— In sub-paragraph (9)—
In Part 6 of PPERA, at the beginning of Chapter 2 insert—
Section 89A(4) or (5) (incurring controlled expenditure in contravention of section 89A(1)) On summary conviction in England and Wales: fine On summary conviction in Scotland or Northern Ireland: statutory maximum On indictment: fine
The amendments made by subsections (1) and (2) have effect only in relation to reserved regulated periods beginning on or after the day on which this section comes fully into force.
In subsection (3), “reserved regulated period” means a period in relation to which any limit is imposed by paragraph 3, 7, 9, 10 or 11 of Schedule 10 to PPERA (periods involving parliamentary general elections or general elections to the Northern Ireland Assembly).
In section 88 of PPERA (third parties recognised for the purposes of Part 6), after subsection (8) insert—
In section 156 of PPERA (orders and regulations), in subsection (4), after paragraph (dd) insert—.
In section 85 of PPERA (controlled expenditure by third parties), before subsection (6) insert—
Section 88 of PPERA (third parties recognised for the purposes of Part 6) is amended in accordance with subsections (3) to (6).
After subsection (3C) insert—
In subsection (6)—
in paragraph (a), after “statements” insert “within subsection (3)”;
in paragraph (b)—
after “any statement” insert “within subsection (3)”;
for “subsection (3)” substitute “that subsection”.
After subsection (6) insert—
In subsection (8), for the words from “any statement” to the end substitute—
Section 94 of PPERA (limits on controlled expenditure by third parties) is amended in accordance with subsections (8) to (10).
In subsection (3)—
in paragraph (a), for “either” substitute any of the following sub-paragraphs applies—;
at the end of paragraph (a)(i), for “, or” substitute “;”;
for paragraph (b) substitute—
After subsection (4) insert—
After subsection (10) insert—
In section 94A of PPERA (arrangements between third parties notified to the Commission), after subsection (5) insert—
The following subsection: “( ) This section does not apply in relation to a recognised third party that is subject to the lower-tier expenditure limits.”—
is inserted after the provision of PPERA mentioned in the left-hand column of the following table, and
is inserted after that provision with the applicable number mentioned in the right-column of the table. Provision of PPERA Number of inserted subsection Section 91(4) (restriction on payments in respect of controlled expenditure) (4A) Section 92(7) (restriction on making claims in respect of controlled expenditure) (7A) Section 95A(10) (quarterly donation reports) (10A) Section 95B(10) (weekly donation reports during general election periods) (10A) Section 95D(7) (forfeiture) (8) Section 96(8) (returns as to controlled expenditure) (9)
The amendments made by the preceding provisions of this section have effect only in relation to reserved regulated periods beginning on or after the day on which this section comes fully into force.
In subsection (13), “reserved regulated period” means a period in relation to which any limit is imposed by paragraph 3, 7, 9, 10 or 11 of Schedule 10 to PPERA (periods involving parliamentary general elections or general elections to the Northern Ireland Assembly).
After section 100 of PPERA insert—
In section 156 of PPERA (orders and regulations), in subsection (3), before paragraph (a) insert—
This paragraph does not apply in relation to expenses incurred during a period in relation to which any limit is imposed by paragraph 3, 7, 9, 10 or 11 of Schedule 10 (regulated periods for parliamentary general elections or general elections to the Northern Ireland Assembly) (see sections 100A and 100B as regards expenses incurred during such a period).
This section applies where—
a person (“the offender”) is convicted of a Schedule 9 offence,
the offender was aged 18 or over when the offence was committed, and
the court is satisfied beyond reasonable doubt that the offence is aggravated by hostility related to persons falling within any of sections 32 to 34.
The court must, when dealing with the offender for the offence, also make an order (a “disqualification order”) that the offender is disqualified, for the period of 5 years beginning with the date on which the order is made—
for being nominated for election to a relevant elective office, and
for being elected to or holding a relevant elective office.
Subsection (2) does not apply where the court considers that there are particular circumstances relating to the offence or to the offender which would make it unjust in all the circumstances to make the order; and in such a case the court must state in open court the reasons for not making the order.
Where the court is a Scottish court, it must—
take the aggravation under subsection (1)(c) into account when determining the appropriate sentence, and
state—
where the sentence in respect of the offence is different from that which the court would have imposed if the offence were not so aggravated, the extent of and the reasons for that difference, or
otherwise, the reasons for there being no such difference.
For the purposes of this section an offence is aggravated by hostility related to persons falling within any of sections 32 to 34 if—
at the time of committing the offence, or immediately before or after doing so, the offender demonstrated towards the victim of the offence hostility based on the victim being (or being presumed to be) a person falling within any of sections 32 to 34, or
the offence was motivated (wholly or partly) by hostility towards persons falling within any of those sections in their capacity as such.
For the purposes of subsection (4) it is immaterial whether or not the offender's hostility is also based, to any extent, on any other factor not mentioned in that subsection.
For the purpose of deciding whether to make a disqualification order the court may consider evidence led by the prosecution and the defence.
It is immaterial whether evidence led in pursuance of subsection (6) would have been admissible in the proceedings in which the offender was convicted.
Where a Schedule 9 offence is found to have been committed— it is to be taken for the purposes of subsection (1)(b) to have been committed on the last of those days.
over a period of 2 or more days, or
at some time during a period of 2 or more days,
In this section—
“relevant Scottish elective office” means the office of—
“RPA 1985” means the Representation of the People Act 1985;
The Secretary of State may by regulations make provision for supplementing, or provision incidental to, the provision made by paragraphs 13 to 16. Regulations under sub-paragraph (1) may make different provision for different purposes or areas. Regulations under sub-paragraph (1) are to be made by statutory instrument. A statutory instrument containing regulations under sub-paragraph (1) is subject to annulment in pursuance of a resolution of either House of Parliament.
False imprisonment.
Manslaughter.
This section applies where a court makes a disqualification order in respect of a person who holds a relevant elective office.
The relevant elective office is, subject to subsection (3), vacated at the appropriate time, namely—
the end of the period of 3 months beginning with the order date, or
if earlier, the end of the period allowed for making an appeal against the conviction or the making of the order.
Where, before the appropriate time mentioned in subsection (2), the person appeals against the conviction or the making of the order, the relevant elective office is vacated at the end of the period of 3 months beginning with the order date unless—
the appeal is dismissed or abandoned at any earlier time (in which case the relevant elective office is vacated at that time), or
at any time within that period of 3 months the appeal against the conviction or the making of the order is upheld (in which case the relevant elective office is not required to be vacated).
The person is suspended from performing any of the functions of the relevant elective office during the period beginning with the order date and ending with—
the date on which the office is vacated in accordance with this section, or
where subsection (3)(b) applies, the date on which the appeal against the conviction or the making of the order is upheld.
Where— the determination of the appeal does not entitle the person to resume that office.
a person ceases to hold a relevant elective office in accordance with this section, but
at any later time the person successfully appeals against the conviction or the making of the order,
In this section “order date” means the date on which the disqualification order is made by the court.
A person falls within this section if the person is—
a candidate or future candidate at an election for a relevant elective office or a relevant Scottish elective office, or
a substitute or nominee in relation to the seat of a member of the Northern Ireland Assembly or of a district council in Northern Ireland.
The reference in subsection (1)(a) to a person who is a candidate at an election includes a person who is included in a list of candidates submitted in connection with the election.
For the purposes of subsection (1)(a) a person is a future candidate at an election for a relevant elective office or a relevant Scottish elective office if—
the person has been declared, whether by the person or by others, to be a candidate at the election (and the declaration has not been withdrawn),
the election is the next scheduled election for the office, and
the notice of the election has not been published or, in the case of an election for the office of member of the House of Commons, the writ for the election has not been issued.
For the purposes of subsection (1)(b) a person is a substitute—
in relation to the seat of a member of the Northern Ireland Assembly, if the person—
is included in a notice given by the member under article 6A of the 2001 Order (vacancies arising during an Assembly term: independent members) or, where the member has given more than one notice under that article, in the last such notice, or
is being considered by the member for inclusion in such a notice;
in relation to the seat of a member of a district council in Northern Ireland, if the person—
is included in a list of substitutes given by the member under section 11C of the 1962 Act (substitute lists: independent members) or, where the member has given more than one list of substitutes under that section, in the latest such list, or
is being considered by the member for inclusion in such a list.
For the purposes of subsection (1)(b) a person is a nominee—
in relation to the seat of a member of the Northern Ireland Assembly, if the person—
has under article 6B of the 2001 Order (vacancies arising during an Assembly term: members of registered parties) been nominated by the nominating officer of a registered party to fill a vacancy in the seat, or
is being considered by the nominating officer of a registered party for nomination under that article;
in relation to the seat of a member of a district council in Northern Ireland, if the person—
has under section 11E or 11F of the 1962 Act (members for registered parties: filling casual vacancies) been nominated by the nominated officer of a registered party to fill a vacancy in the seat, or
is being considered by the nominating officer of a registered party for nomination under either of those sections.
For the purposes of subsection (5)(b) as it applies in relation to section 11F of the 1962 Act, references to the nominated officer of a registered party are to be read as references to the nominating officers of each of the registered parties concerned.
In this section—
“disqualification order” means an order made under section 30;
Part 2 of Schedule 1 to the Elected Authorities (Northern Ireland) Act 1989 (application and modification of RPA 1983 in relation to local elections in Northern Ireland) is amended as follows. In paragraph 14, after sub-paragraph (b) insert—. In paragraph 16, for “subsection (1)(c)” substitute “subsection (1)(bb) and (c)”. For paragraph 18 substitute—
An offence under either of the following provisions of the Explosive Substances Act 1883—
section 2 (causing explosion likely to endanger life or property);
section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property).
An offence under any of the following provisions of the Criminal Damage Act 1971—
section 1(1) (destroying or damaging property);
section 1(2) (destroying or damaging property intending, or being reckless as to, endangerment of life);
section 1(3) (arson);
section 2 (threats to destroy or damage property).
An offence under any of the following provisions of the Criminal Damage (Northern Ireland) Order 1977—
article 3(1) (destroying or damaging property);
article 3(2) (destroying or damaging property intending, or being reckless as to, endangerment of life);
article 3(3) (arson);
article 4 (threats to destroy or damage property).
An offence under section 1 of the Taking of Hostages Act 1982 (hostage taking).
An offence under any of the following provisions of the Public Order (Northern Ireland) Order 1987—
article 9 (racial hatred: use of words or behaviour or display of written material);
article 10 (racial hatred: publishing or distributing written material);
article 11 (racial hatred: distributing, showing or playing a recording);
article 12 (racial hatred: broadcasting or including programme in programme service);
article 18(1)(a) (disorderly behaviour);
article 18(1)(b) (breach of the peace);
article 18(3) (riotous behaviour).
An offence under article 3 of the Malicious Communications (Northern Ireland) Order 1988 (sending communications with intent to cause distress or anxiety).
An offence under either of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 1995—
section 50A (racially aggravated harassment);
section 52 (vandalism).
An offence under any of the following provisions of the Crime and Disorder Act 1998—
section 29 (racially or religiously aggravated assault);
section 30 (racially or religiously aggravated criminal damage);
section 31 (racially or religiously aggravated offences under section 4, 4A or 5 of the Public Order Act 1986);
section 32 (racially or religiously aggravated harassment or stalking).
An offence under any of the following provisions of the Sexual Offences (Northern Ireland) Order 2008—
article 5 (rape);
article 6 (assault by penetration);
article 7 (sexual assault);
article 66 (committing an offence with intent to commit a relevant sexual offence) where the relevant sexual offence is an offence under article 5, 6, 7 or 70;
article 67 (trespass with intent to commit a relevant sexual offence) where the relevant sexual offence is an offence under article 5, 6, 7 or 70;
article 70 (exposure).
Abduction.
An offence under section 76 of the Serious Crime Act 2015 (controlling or coercive behaviour in an intimate or family relationship).
Assault to the danger of life.
Assault to severe injury.
Assault with intent to rape or ravish.
Assault other than a kind listed in paragraphs 6 to 8.
Breach of the peace.
Culpable homicide.
Culpable and reckless conduct.
Culpable and reckless endangering of the public.
Culpable and reckless fire-raising.
Drugging.
Extortion.
Malicious mischief.
Mobbing and rioting.
Uttering threats.
Wilful fire-raising.
Part 2 of the Local Government Act 2000 (local authority governance: Wales);
The Schedule to the Elections Act 2001 (modification of the local election rules for occasions where polls are combined) is amended as follows. For paragraph 6 (Parliamentary elections rules: questions to be put to voters) substitute— In paragraph 20 (local elections rules: questions to be put to voters), for “the second question in paragraph (2)” substitute “in each of questions (a), (b) and (c) in paragraph (2)”.
In consequence of section 14(1), the following are repealed—
paragraphs 1 to 4 of Schedule 2 to the Representation of the People Act 2000;
section 141 of PPERA;
section 12(9) of the Electoral Administration Act 2006;
paragraph 21 of Schedule 4 to the Electoral Registration and Administration Act 2013, and the italic heading before that paragraph;
section 15(1) of the Northern Ireland (Miscellaneous Provisions) Act 2014.
In section 12 of the Representation of the People Act 1985 (offences as to declarations)—
in subsection (1), for “an overseas elector’s declaration”, in both places, substitute “a relevant declaration”;
after subsection (1) insert—
In section 42 of the Constitutional Reform and Governance Act 2010 (tax status of members of the House of Lords: transitional provision), omit subsection (7).
A person falls within this section if the person holds a relevant elective office or a relevant Scottish elective office.
For the purposes of subsection (1) a person is to be treated as holding a relevant elective office or a relevant Scottish elective office during any period when—
the person has been elected as, or declared to be returned as, the holder of the office, but
their term of office has not yet begun.
A person falls within this section if the person is an individual—
who is a permitted participant in relation to a referendum to which Part 7 of PPERA applies,
who is a recognised third party,
who is involved in the conduct or management of a local referendum campaign,
who is an accredited campaigner in relation to a recall petition, or
who—
undertakes activities for election purposes, for referendum purposes or for recall petition purposes, and
is employed or engaged by a person falling within subsection (5) wholly or partly for the purpose of undertaking such activities.
Activities are undertaken “for election purposes” if they are undertaken—
for the purposes of or in connection with—
promoting or procuring electoral success for a registered party at a relevant election, or
promoting or procuring the election of a candidate at a relevant election,
for the purposes of or in connection with enhancing the standing with the electorate, in connection with future relevant elections (whether imminent or otherwise), of a registered party or a candidate at a relevant election, or
with a view to prejudicing—
the electoral prospects of a registered party or a candidate at a relevant election, or
the standing with the electorate, in connection with future relevant elections (whether imminent or otherwise), of a registered party or a candidate at a relevant election.
Activities are undertaken “for referendum purposes” if they are undertaken—
for the purposes of or in connection with promoting or procuring a particular outcome in relation to the question asked in a relevant referendum, or
with a view to prejudicing the prospects of another particular outcome in relation to the question asked in a relevant referendum.
Activities are undertaken “for recall petition purposes” if they are undertaken for the purposes of or in connection with promoting or procuring the success or failure of a recall petition.
The following persons fall within this subsection—
a registered party;
a person who falls within section 32(1)(a) (candidates etc);
a permitted participant in relation to a referendum to which Part 7 of PPERA applies;
a recognised third party;
a person involved in the conduct or management of a local referendum campaign;
an accredited campaigner in relation to a recall petition.
In this section—
“relevant Scottish elective office” means the office of—
In section 53 of RPA 1983 (power to make regulations as to registration etc), in subsection (1)—
omit the “and” at the end of paragraph (b);
after paragraph (b) insert—.
The following are repealed—
section 2(2) of the Elections (Northern Ireland) Act 1985;
paragraph 24(5) of Schedule 1 to the Representation of the People Act 2000;
paragraph 20(4) of Schedule 4 to the Electoral Registration and Administration Act 2013.
In section 20 of the Greater London Authority Act 1999 (qualification to be the Mayor or an Assembly member)—
in subsection (2)(c), for “relevant citizen of the Union” substitute “qualifying EU citizen or an EU citizen with retained rights”;
in subsection (8)—
omit the definitions of “citizen of the Union” and “relevant citizen of the Union”;
in subsection (8), at the appropriate place insert—.
The Elected Authorities (Northern Ireland) Act 1989 is amended as follows. In section 1(1)(c) (local electors in Northern Ireland), for “or a relevant citizen of the Union” substitute “, a qualifying EU citizen or an EU citizen with retained rights”. In section 10(1) (interpretation)— Sections 203A and 203B (meaning of “qualifying EU citizen” and “EU citizen with retained rights”). Schedule 6A (list of countries for the purposes of section 203A). In Part 2 of Schedule 1 (modifications of provisions of RPA 1983 applied to local elections)—
Schedule 2 to RPA 1983 (provision which may be contained in regulations as to registration etc) is amended in accordance with paragraphs 3 to 11.
Paragraph 1 is amended as follows. In sub-paragraph (2A)— References in this paragraph to a registration officer’s registration duties include references to—
Paragraph 1A is amended as follows. In sub-paragraph (1)(a), for the words from the first “who is” to the end substitute “within sub-paragraph (1A),”. The following persons are within this sub-paragraph— In sub-paragraph (1A)(b)(i), the reference to an application for registration in, or alteration of, a register includes a reference to a partially completed application submitted through the UK digital service. In sub-paragraph (1), the reference to disclosing information includes, in relation to verifying information relating to a person who is named in a relevant registration application or a relevant absent voting application, references to disclosing evidence provided by a person in connection with the application. In this paragraph— A notice, including a partially completed notice, under section 8(9) of the Representation of the People Act 1985 (cancellation of proxy appointment) is to be treated as a relevant absent voting application for the purposes of this paragraph.
Paragraph 3ZA is amended as follows. In sub-paragraph (1)— Provision made under sub-paragraph (1) in relation to applications within sub-paragraph (2B) may include provision— The following applications are within this sub-paragraph— Provision requiring a person making an application under section 13BD or 13BE to provide evidence that the person is the person named in the application. In sub-paragraph (4), after “(3)” insert “or (3A)”. In sub-paragraph (6), after “(3)” insert “or (3A)”. In sub-paragraph (2B)(a)(iii), “the UK digital service” means a digital service provided by a Minister of the Crown for the registration of electors, and the reference to an application submitted through the UK digital service is a reference to an application submitted using that service as an intermediary.
For paragraph 3A substitute—
After paragraph 5 insert—
In paragraph 8B(1), for “or 10ZD” substitute “, 10ZD, 13BD, 13BE or 13C”.
After paragraph 8B insert—
In paragraph 8C(1)—
in paragraph (a), for “or 10A” substitute “, 10A, 13BD, 13BE or 13C”;
in paragraph (c), after “3ZA” insert “, 3A or 8BA”.
References in sub-paragraph (1)(b) to a registration officer’s registration duties include references to—
member of a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.
The Secretary of State may by regulations make provision about the issuing or use of unique reference numbers in connection with— Regulations under sub-paragraph (1) may in particular make provision— Regulations under sub-paragraph (1) may make— The consequential provision that may be made by virtue of sub-paragraph (3)(b) includes provision amending any provision made by the Representation of the People Acts or the Elected Authorities (Northern Ireland) Act 1989. Regulations under sub-paragraph (1) are to be made by statutory instrument. A statutory instrument containing regulations under sub-paragraph (1) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
Affray.
Riot.
“PPERA” means the Political Parties, Elections and Referendums Act 2000;
In this section a reference to a individual who is “engaged” by a person falling within subsection (5) includes a reference to an individual who is engaged otherwise than for payment or promise of payment.
If a person who is subject to a disqualification order is elected as a member of the House of Commons, the person’s election is void.
In section 7 of the House of Commons Disqualification Act 1975 (jurisdiction of Privy Council as to disqualification), after subsection (5) insert—
The Secretary of State may by regulations amend Schedule 9 by—
adding offences, or
varying or omitting offences listed in the Schedule.
Regulations under this section are to be made by statutory instrument.
A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
In this Part—
“overseas elector’s declaration” has the meaning given by section 2(1) of RPA 1985 (as that provision had effect immediately before the commencement date);
In the definition of “relevant elective office” in subsection (1), “local authority” means—
in relation to England, a county council, a district council, a parish council, a London borough council or the Council of the Isles of Scilly;
in relation to Wales, a county council, a county borough council or a community council;
in relation to Northern Ireland, a district council.
Schedule 10 contains minor and consequential amendments.
The following definitions have effect for the purposes of this Part.
“Electronic material” means material in electronic form which consists of or includes—
text or moving or still images, or
speech or music.
In this Part “electronic material” does not include material to the extent that it is received by a person in the form of—
a telephone call made to the person at a telephone number allocated to them in accordance with a national or international numbering plan, or
a Short Message Service text message sent to such a telephone number.
“The promoter”, in relation to electronic material, means the person causing the material to be published.
“Publish” means make available to the public at large or any section of the public.
The Secretary of State may by regulations amend this section so as to modify the definition of “electronic material”, “the promoter” or “publish” that for the time being has effect for the purposes of this Part.
The following definitions have effect for the purposes of this Part.
“Registered party” has the same meaning as in PPERA (see section 160 of that Act).
“Recognised third party” has the meaning given in section 85(5) of PPERA.
“Candidate” means a candidate at an election for a relevant elective office or a relevant Scottish elective office within the meaning of Part 5, including a person who is included in a list of candidates submitted in connection with such an election.
“Future candidate” means a person who is a future candidate at an election for a relevant elective office or a relevant Scottish elective office as defined by section 32(3).
“Elected office-holder” means a person within section 33.
“Referendum campaigner” means a person who is a permitted participant within the meaning of Part 7 of PPERA (see section 105 of that Act) in relation to a referendum to which that Part applies.
“Recall petition campaigner” means a person who is an accredited campaigner within the meaning of the Recall of MPs Act 2015 (see Part 5 of Schedule 3 to that Act) in relation to a recall petition.
“Recall petition” has the same meaning as in the Recall of MPs Act 2015 (see section 1 of that Act).
Part 5 has effect for the purposes of subsections (4) to (6) as if the definition of “relevant elective office” in section 37(1) included an office to which a person may be elected by a municipal election in the City, as defined by section 191(1) of RPA 1983 (municipal elections in the City of London).
This section applies to electronic material which—
meets the conditions in section 42 (paid-for electronic material), or
meets the conditions in section 44 (other electronic material).
Electronic material to which this section applies must not be published unless, in accordance with this section—
the information mentioned in subsection (3) is included as part of the electronic material, or
if it is not reasonably practicable to comply with paragraph (a), the information mentioned in that subsection is displayed in text form in a location that is directly accessible from the electronic material.
That information is—
the name and address of the promoter of the material, and
the name and address of any person on behalf of whom the material is being published (and who is not the promoter).
The Secretary of State may by regulations amend subsection (3) so as to—
add a description of information, or
modify or remove a description of information that is for the time being specified in that subsection.
Information is included as part of electronic material for the purposes of subsection (2)(a) only if—
where the material consists of or includes text or moving or still images, it is displayed in text form as part of that material;
where the material consists only of speech or music, it forms an audible part of that material.
Information that is included as part of electronic material—
must be legible or audible (as the case may be) regardless of the device used to access the material, and
must be such that, if the electronic material were to be republished by a person who did not alter the material, the information would be retained as part of the material when republished.
Information that is directly accessible from electronic material—
must be legible regardless of the device used to access the information, and
must be such that, if the electronic material were to be republished by a person who did not alter the material, access to the information would be retained as part of the material when republished.
This section is subject to—
section 46 (electronic material relating to more than one candidate), and
section 47 (exceptions).
Section 41 applies to electronic material which meets the following conditions.
The first condition is that the sole or primary purpose that the electronic material can reasonably be regarded as intended to achieve is a purpose within section 43.
The second condition is that the promoter of the material, or the person on behalf of whom the material is published, has paid for the material to be published as an advertisement.
The reference in subsection (3) to a person paying for material to be published includes the person providing any other form of consideration in return for the publication of the material.
Where the material is published on a website or mobile application of the promoter or the person on behalf of whom the material is published, the reference in subsection (3) to a person paying for material to be published does not include the person making payments related to setting up, operating or maintaining the website or mobile application.
In subsection (5) “mobile application” means application software designed and developed for use by the general public on mobile devices such as smartphones and tablets.
This section sets out the purposes referred to in section 42.
The first purpose is influencing the public, or any section of the public, to give support to or withhold support from—
a registered party,
registered parties who advocate (or do not advocate) particular policies or who otherwise fall within a particular category of such parties, or
candidates or future candidates, in their capacity as such, who hold (or do not hold) particular opinions or who advocate (or do not advocate) particular policies or who otherwise fall within a particular category of candidates or future candidates.
For the purposes of determining whether electronic material can reasonably be regarded as intended to achieve the purpose mentioned in subsection (2), it is immaterial that it does not expressly mention the name of any party, candidate or future candidate.
The second purpose is influencing the public, or any section of the public, to give support to or withhold support from a particular candidate or particular future candidate in their capacity as such.
For the purposes of determining whether electronic material can reasonably be regarded as intended to achieve the purpose mentioned in subsection (4), it is immaterial that it does not expressly mention the name of any candidate or future candidate.
The third purpose is influencing the public, or any section of the public, to give support to or withhold support from an elected office-holder in their capacity as such.
The fourth purpose is influencing the public, or any section of the public, to give support to or withhold support from elected office-holders, in their capacity as such, who hold (or do not hold) particular opinions or who advocate (or do not advocate) particular policies or who otherwise fall within a particular category of elected office-holders.
For the purposes of determining whether electronic material can reasonably be regarded as intended to achieve the purpose mentioned in subsection (6) or (7), it is immaterial that it does not expressly mention the name of any elected office-holder.
The fifth purpose is influencing the public, or any section of the public, to give support to or withhold support from—
the holding of a referendum in the United Kingdom or any area in the United Kingdom, or
a particular outcome of such a referendum.
For the purposes of determining whether electronic material can reasonably be regarded as intended to achieve the purpose mentioned in subsection (9)(b), it is immaterial that it does not expressly mention a particular outcome of a referendum.
Section 41 applies to electronic material which meets the following conditions.
The first condition is that the electronic material—
can reasonably be regarded as intended to achieve any purpose within section 45 (whether or not it can reasonably be regarded as intended to achieve any other purpose as well), or
wholly or mainly relates to a referendum to which Part 7 of PPERA applies and is published during the referendum period (within the meaning of that Part) for that referendum.
The second condition is that the promoter of the material or the person on behalf of whom it is published is—
a registered party,
a recognised third party,
a candidate or future candidate,
an elected office-holder,
a referendum campaigner, or
a recall petition campaigner.
The third condition is that neither the promoter of the material, nor the person on behalf of whom the material is published, has paid for the material to be published as an advertisement.
Subsections (4) to (6) of section 42 apply in relation to subsection (4) as they apply in relation to subsection (3) of that section.
This section sets out the purposes referred to in section 44.
The first purpose is promoting or procuring electoral success at one or more particular relevant elections for—
a registered party,
registered parties who advocate (or do not advocate) particular policies or who otherwise fall within a particular category of such parties, or
candidates or future candidates who hold (or do not hold) particular opinions or who advocate (or do not advocate) particular policies or who otherwise fall within a particular category of candidates or future candidates.
For the purposes of subsection (2)—
the reference to electoral success at a particular relevant election is a reference—
in relation to a registered party, to the return at the election of any candidate or future candidate who is standing, or is to stand, in the name of the party or is included, or is to be included, in a list of candidates submitted by the party in connection with the election, and
in relation to any candidate or future candidate, to their return at the election, and
the reference to doing any of the things mentioned in that subsection includes doing so by prejudicing the electoral prospects at the election of other parties, candidates or future candidates.
For the purposes of determining whether electronic material can reasonably be regarded as intended to achieve the purpose mentioned in subsection (2), it is immaterial that it does not expressly mention the name of any party, candidate or future candidate.
The second purpose is promoting or procuring the election of a particular candidate or particular future candidate at one or more particular elections.
For the purposes of determining whether electronic material can reasonably be regarded as intended to achieve the purpose mentioned in subsection (5), it is immaterial that it does not expressly mention the name of any candidate or future candidate.
The third purpose is promoting or procuring the success or failure of a recall petition.
For the purposes of determining whether any electronic material can reasonably be regarded as intended to achieve the purpose mentioned in subsection (7), it is immaterial that it does not expressly mention the name of the member of the House of Commons to whom the petition relates.
In this section “relevant election” means—
a parliamentary election,
an election to the Scottish Parliament,
an election to Senedd Cymru,
an election to the Northern Ireland Assembly,
a local government election within the meaning of section 191, 203 or 204 of the Representation of the People Act 1983,
an election under Part 1A or 2 of the Local Government Act 2000 for the return of an elected mayor,
an election for the return of a mayor for the area of a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009,
an election for the return of a mayor for the area of a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023,
a local election within the meaning of the Electoral Law Act (Northern Ireland) 1962 (see section 130(1) of that Act), or
an election of a police and crime commissioner.
For the purposes of section 41 as it has effect by virtue of sections 42 and 43, electronic material to which subsection (2) applies—
is not to be regarded as being published on behalf of a candidate or future candidate merely because it can be regarded as influencing the public, or any section of the public, to give support to or withhold support from the candidate or future candidate, but
may be regarded as being published on behalf of the party mentioned in subsection (2).
This subsection applies to electronic material which can reasonably be regarded as influencing the public, or any section of the public, to give support to or withhold support from—
two or more candidates or future candidates who are standing, or are to stand, in the name of a party, or
two or more candidates or future candidates who are included, or are to be included, in a list of candidates submitted by the party in connection with an election.
For the purposes of section 41 as it has effect by virtue of sections 44 and 45, electronic material to which subsection (4) applies—
is not to be regarded as being published on behalf of a candidate or future candidate merely because it can be regarded as promoting or procuring the election of a candidate or future candidate at an election, but
may be regarded as being published on behalf of the party mentioned in subsection (4).
This subsection applies to electronic material which can reasonably be regarded as promoting or procuring the election of—
two or more candidates or future candidates who are standing, or are to stand, in the name of a party, or
two or more candidates or future candidates who are included, or are to be included, in a list of candidates submitted by the party in connection with an election.
Section 41 does not apply to the republication of electronic material if—
when it was previously published—
section 41 applied to it, and
it was published in compliance with that section, and
it is not materially altered when it is republished.
In subsection (1)(b) the reference to electronic material not being materially altered includes a reference to the electronic material retaining— as a result of which its previous publication complied with section 41.
the information within section 41(3), or
the access to such information,
Section 41 does not apply to the publication of electronic material on a website or mobile application whose primary purpose, or one of whose primary purposes, is the publication of journalism created for publication on the website or mobile application, unless the electronic material consists of an advertisement.
In subsection (3) “mobile application” means application software designed and developed for use by the general public on mobile devices such as smartphones and tablets.
Section 41 does not apply to any party political broadcast or referendum campaign broadcast included by a broadcaster in its broadcasting services.
In subsection (5)—
RPA 1983 is amended as follows.
In section 4 of the Local Government Act (Northern Ireland) 1972 (disqualifications), in subsection (1), after paragraph (e) insert—.
In Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009 (mayors for combined authority areas: further provision about elections), in paragraph 9(1), after paragraph (d) insert—
Section 61 (other voting offences) is amended as follows. After subsection (1) insert— After subsection (3A) insert— In subsection (4)— In subsection (6), after “subsection” insert “(3B) or”.
In section 202 (general provisions as to interpretation), in subsection (1), after the definition of “registered political party” insert—.
Rule 35 of Schedule 1 (questions to be put to voters) is amended as follows. In paragraph (1)— The table following paragraph (1) is amended in accordance with sub-paragraphs (4) to (6). “Have you already voted as proxy at this election, whether here or elsewhere in this constituency or in any other constituency, on behalf of four or more electors?” [R] If the person answers question (c) in the negative: “Have you already voted as proxy at this election, whether here or elsewhere in this constituency or in any other constituency, on behalf of two or more electors?” [R] If the person answers question (d) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election registered in a register of parliamentary electors otherwise than in pursuance of an overseas elector’s declaration or a service declaration?” [R] If the person answers question (e) in the affirmative: “Is the elector (or are the electors) for whom you are voting today registered in a register of parliamentary electors otherwise than in pursuance of an overseas elector’s declaration or a service declaration?” [R] At an election held in Northern Ireland, “What is your date of birth?”. “Have you already voted as proxy at this election, whether here or elsewhere in this constituency or in any other constituency, on behalf of four or more electors?” [R] If the person answers question (c) in the negative: “Have you already voted as proxy at this election, whether here or elsewhere in this constituency or in any other constituency, on behalf of two or more electors?” [R] If the person answers question (d) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election registered in a register of parliamentary electors otherwise than in pursuance of an overseas elector’s declaration or a service declaration?” [R] If the person answers question (e) in the affirmative: “Is the elector (or are the electors) for whom you are voting today registered in a register of parliamentary electors otherwise than in pursuance of an overseas elector’s declaration or a service declaration?” [R] Omit entry 4. In paragraph (2), for “3(a), (b) and (c)” substitute “3(a) and (b)”.
In Schedule 2 (provisions which may be contained in regulations as to registration etc), after paragraph 5B insert—
The Secretary of State may by regulations amend this section so as to add, modify or remove cases to which section 41 does not apply.
Where any electronic material to which section 41 applies is published in contravention of that section, the following persons are guilty of an offence—
the promoter of the material, and
any person on behalf of whom the material is being published (and who is not the promoter).
A person guilty of an offence under subsection (1) is liable—
on summary conviction in England and Wales, to a fine;
on summary conviction in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale.
It is a defence for a person charged with an offence under subsection (1) to prove—
that the contravention arose from circumstances beyond the person’s control, and
that the person took all reasonable steps, and exercised all due diligence, to ensure that the contravention would not arise.
It is a defence for a person charged with an offence under subsection (1) to prove that the person acted in accordance with guidance under section 54.
It is a defence for a person charged with an offence under subsection (1) in relation to the republication of electronic material to prove that—
the electronic material had previously been published,
the person reasonably believed that when it was previously published—
section 41 applied to it, and
it was published in compliance with that section, and
it was not materially altered when it was republished.
In subsection (5)(c) the reference to electronic material not being materially altered includes a reference to the electronic material retaining— as a result of which the person reasonably believed its previous publication complied with section 41.
the information within section 41(3), or
the access to such information,
The court by or before which a person is convicted of an offence under subsection (1) must notify the Commission of the person’s conviction and the sentence imposed on the conviction as soon as is practicable.
This section is subject to Schedule 11, which provides for certain persons who would otherwise be guilty of an offence under this section to be guilty of an illegal practice.
See also section 49, which makes provision about the removal etc of electronic material in the event of a conviction under this section.
This section applies if, in respect of any electronic material, a person is convicted of—
an offence under section 48(1), or
an illegal practice by virtue of Schedule 11.
The court by or before which the person is convicted of the offence or illegal practice may order a person by whom the electronic material is published to take the action specified in the order to remove the material, or to disable access to it, before the end of the period specified in the order.
Where an order is made under subsection (2), the person to whom it applies has the same right of appeal against it as if—
the person had committed the offence under section 48(1) or (as the case may be) the illegal practice, and
the order were a sentence passed on the person for the offence or illegal practice.
A person to whom an order under subsection (2) applies commits an offence if, without reasonable excuse, the person fails to comply with the order.
A person guilty of an offence under subsection (4) is liable—
on summary conviction in England and Wales, to a fine;
on summary conviction in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale.
The court by or before which a person is convicted of an offence under subsection (4) must notify the Commission of the person’s conviction and the sentence imposed on the conviction as soon as is practicable.
Parts 1 to 4 and 6 of Schedule 19C to PPERA (civil sanctions) and the Political Parties, Elections and Referendums (Civil Sanctions) Order 2010 (S.I. 2010/2860) apply (subject to the following provisions of this section) in relation to an offence to which this section applies as they apply in relation to a prescribed offence under that Act.
This section applies to—
an offence under section 48(1) which relates to the publication of electronic material which can reasonably be regarded as intended to achieve a purpose within—
section 43(2) (registered parties etc),
section 43(7) (categories of elected office-holders), or
section 43(9) (referendums) where the referendum in question is a referendum to which Part 7 of PPERA applies and the electronic material is published during the referendum period (within the meaning of that Part) for that referendum, or
an offence under section 48(1) which relates to the publication of electronic material—
which falls within section 44(2)(b) (referendums), or
which can reasonably be regarded as intended to achieve a purpose within section 45(2) (registered parties etc).
In the application of paragraph 23 of Schedule 19C to PPERA (use of statements made compulsorily) by virtue of this section, the reference in sub-paragraph (1) of that paragraph to Schedule 19B to that Act is to be read as including a reference to Schedule 12 to this Act.
In the application of paragraph 13(1)(a) of Schedule 1 to the Political Parties, Elections and Referendums (Civil Sanctions) Order 2010 (S.I. 2010/2860) by virtue of this section, the reference to PPERA and that Order is to be read as a reference to that Act and that Order as they are applied by this section.
This section applies if—
the Commission imposes a fixed monetary penalty under paragraph 1 of Schedule 19C to PPERA on a person in relation to an offence under section 48(1) in respect of any electronic material,
the Commission imposes a discretionary requirement under paragraph 5 of that Schedule on a person in relation to such an offence,
the Commission serves a stop notice under paragraph 10 of that Schedule on a person in relation to such an offence, or
the Commission accepts an undertaking under paragraph 15 of that Schedule from a person in relation to such an offence.
The Commission may give a notice in writing to a person by whom the electronic material is published requiring the person to take the action specified in the notice to remove the material, or to disable access to it, before the end of the period specified in the notice.
A person to whom a notice under subsection (2) has been given commits an offence if, without reasonable excuse, the person fails to comply with the notice.
A person guilty of an offence under subsection (3) is liable—
on summary conviction in England and Wales, to a fine;
on summary conviction in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale.
The court by or before which a person is convicted of an offence under subsection (3) must notify the Commission of the person’s conviction and the sentence imposed on the conviction as soon as is practicable.
This section is subject to section 52 (further provision about notices under this section).
Before giving a notice under section 51(2) to a person the Commission must give the person a notice in writing of its intention to do so.
The person may, within the period specified in the notice under subsection (1), make written representations to the Commission in relation to the proposal to give the person a notice under section 51(2).
The Commission may give the person a notice under section 51(2) only if—
the period for making representations has ended, and
having taken any representations made by the person into account, the Commission is still of the view that it should give the person the notice under section 51(2).
A notice under subsection (1) must include information as to—
the grounds for the proposal to give a notice to the person under section 51(2),
the proposed effect of such a notice,
the right to make representations, and
the period within which representations may be made.
The period specified under subsection (4)(d) must not be less than 14 days beginning with the day on which the notice is given.
A notice under section 51(2) must include information as to—
the grounds for serving the notice,
rights of appeal, and
the consequences of not complying with the notice.
The Commission may by notice in writing withdraw or vary a notice under section 51(2) at any time.
A person to whom a notice under section 51(2) has been given may appeal against the notice on the ground that—
the decision to give the notice was based on an error of fact,
the decision was wrong in law,
the decision was unreasonable, or
any action specified in the notice is unreasonable.
An appeal under subsection (8) is to—
in England and Wales, the county court,
in Scotland, a sheriff, or
in Northern Ireland, a county court.
On an appeal under subsection (8) the county court or the sheriff may—
withdraw, confirm or vary the notice, or
remit the decision whether to withdraw, confirm or vary the notice to the Commission.
Schedule 12 makes provision about the supply of information for the purposes of this Part.
Paragraphs 3 to 13 and 15 of Schedule 19B to PPERA (investigatory powers) apply in relation to an offence within section 50(2)(a) or (b) as they apply in relation to an offence under that Act.
The Commission must prepare guidance about—
the operation of this Part, and
the exercise of functions by the Commission or a constable in relation to a breach or suspected breach of this Part.
The Commission or a constable must have regard to guidance issued under this section in exercising those functions.
Once the Commission has prepared draft guidance under this section, it must submit it to the Secretary of State for approval by the Secretary of State.
The Secretary of State may approve draft guidance either without modifications or with such modifications as the Secretary of State may determine.
Once the Secretary of State has approved draft guidance, the Secretary of State must lay before each House of Parliament a copy of the draft, whether—
in its original form, or
in a form which incorporates any modifications determined under subsection (4).
If the draft guidance incorporates any such modifications, the Secretary of State must at the same time lay before each House a statement of the Secretary of State’s reasons for making them.
If, within the 40-day period, either House resolves not to approve the draft guidance, the Secretary of State must take no further steps in relation to the draft guidance.
Subsection (7) does not prevent new draft guidance from being laid before Parliament.
If no resolution of the kind mentioned in subsection (7) is made within the 40-day period—
the Secretary of State must issue the guidance in the form of the draft laid before Parliament,
the Commission must arrange for the guidance to be published in such manner as it considers appropriate, and
the guidance comes into force on such day as the Secretary of State may by regulations made by statutory instrument appoint.
The Commission—
may from time to time revise guidance under this section, and
must revise guidance under this section if directed to do so by the Secretary of State.
References in this section (other than in subsection (1)) to guidance or draft guidance include revised guidance or draft revised guidance.
In this section “the 40-day period”, in relation to draft guidance, means— no account being taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
if the draft is laid before one House on a day later than the day on which it is laid before the other House, the period of 40 days beginning with the later of the two days, and
in any other case, the period of 40 days beginning with the day on which the draft is laid before each House,
Each report by the Commission under paragraph 20 of Schedule 1 to PPERA must contain information about—
the convictions reported to the Commission under section 48(7), 49(6) or 51(5) during the year in question,
the orders made under section 49 (orders to take down electronic material) during that year,
the use made by the Commission of its powers under section 51 (notice to take down electronic material) during that year, and
the use made by the Commission of its powers under Schedule 12 (supply of information) during that year.
The report must, in particular, specify—
the cases in which a notice was given under section 51(2),
the cases in which a notice was given under paragraph 1 of Schedule 12, and
the cases in which an order under paragraph 2 or 3 of that Schedule was applied for or made.
This section does not require the Commission to include in a report any information that, in its opinion, it would be inappropriate to include on the ground that to do so—
would or might be unlawful, or
might adversely affect any current investigation or proceedings.
A notice which may be given to a person under this Part by the Commission or a constable may be given—
by delivering it to the person,
by leaving it at the person’s proper address,
by sending it by post to the person at that address, or
by sending it to the person by electronic means.
A notice to a body corporate may be given to an officer of that body.
A notice to a partnership may be given to a partner or a person who has the control or management of the partnership business.
A notice to an unincorporated association (other than a partnership) may be given to a member of the governing body of the association.
For the purposes of this section and of section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this section, the proper address of a person is the person’s last known address (whether of the person’s residence or of a place where the person carries on business or is employed) and also—
in the case of a body corporate or an officer of the body, the address of the body’s registered or principal office in the United Kingdom;
in the case of a partnership, a partner or a person having the control or management of the partnership business, the address of the principal office of the partnership in the United Kingdom;
in the case of an unincorporated association (other than a partnership) or a member of its governing body, the principal office of the association in the United Kingdom.
If a person has specified an address in the United Kingdom, other than the person’s proper address within the meaning of subsection (5), as the one at which the person or someone on the person’s behalf will accept notices of the same description as a notice under this Part, that address is also treated for the purposes of this section and section 7 of the Interpretation Act 1978 as the person’s proper address.
A notice sent to a person by electronic means is, unless the contrary is proved, to be treated as having been given on the working day immediately following the day on which it was sent.
In this section—
Section 1
RPA 1983 is amended as follows.
The Local Government Act 1972 is amended as follows.
In section 21 of the Greater London Authority Act 1999 (disqualification from being the Mayor or an Assembly member)—
omit the “or” after paragraph (d);
after paragraph (e) insert ; or
RPA 1983 is amended as follows.
In section 4 of the House of Lords Reform Act 2014 (effect of ceasing to be a member of the House of Lords), omit subsection (6).
The amendments made by section 14 and Part 1 of this Schedule do not apply in relation to an application for registration in a register of parliamentary electors in pursuance of a pre-commencement declaration (even if the application is determined on or after the commencement date). In this paragraph, “pre-commencement declaration” means an overseas elector’s declaration made at any time before the commencement date.
In section 835B of the Income Tax Act 2007 (domicile for income tax purposes of overseas electors), in subsection (3)(a), for “section 1(1)(a)” substitute “section 1(2)(a)”.
After section 13BC insert—
In section 80 (disqualifications for election and holding office as member of local authority), in subsection (1), after paragraph (e) insert ; or.
In section 4 (entitlement to be registered as parliamentary or local government elector), in subsection (4)(b), for “section 2(1)” substitute “section 1B(1)”.
Section 13C (electoral identity card: Northern Ireland) is amended as follows. In subsection (2)— After subsection (3) insert— In subsection (4), in paragraph (d), before “include” insert “subject to provision made by virtue of subsection (4A),”. After subsection (4) insert—
In section 202(1) (general provisions as to interpretation), for the definition of “overseas elector’s declaration” substitute—.
Section 13CZA (provision of false information: application for electoral identity card), as extended by paragraph 38 of this Schedule, is amended as follows. For subsection (1) substitute— For subsection (5) substitute— In the heading, after “application for” insert “electoral identity document, anonymous elector’s document or”.
Schedule 2 (provisions which may be contained in regulations as to registration etc) is amended as follows. After paragraph 3ZA insert— Provision as to the manner in which renewal declarations (within the meaning given by section 1D(2) of the Representation of the People Act 1985) are to be transmitted to the registration officer. The provision that may be made under sub-paragraph (1A) includes provision authorising a registration officer, despite provision contained in regulations made by virtue of that sub-paragraph—
In section 56 (registration appeals: England and Wales), in subsection (1), after paragraph (ab) insert—.
In section 58 (registration appeals: Northern Ireland), in subsection (1), after paragraph (ba) insert—.
After section 59 (supplemental provisions as to members of forces and service voters) insert—
Section 61 (other voting offences) is amended as follows. In subsection (6), after “deemed to have voted” insert “(but see subsection (6ZA))”. After subsection (6) insert—
In section 66B (failure to comply with conditions relating to supply etc of certain documents), in subsection (1)(a), after “rule” insert “19B, 56A or”.
Schedule 1 (Parliamentary elections rules) is amended in accordance with paragraphs 11 to 33.
After rule 19A insert—
The returning officer must ensure that each polling station contains an area in which voters can produce proof of identity in private.
Rule 26 (appointment of presiding officers and clerks) is amended as follows. In paragraph (3), for the words from “except” to the end substitute except— In paragraph (3), “the relevant paragraph of rule 37” means—
In rule 28 (issue of official poll cards), after paragraph (3) insert—(3ZA)
Rule 29 (equipment of polling stations) is amended as follows. In paragraph (3), after sub-paragraph (e) insert— In the case of an election held in England and Wales or Scotland, the returning officer must also provide each polling station with a prescribed form (referred to in these rules as “the ballot paper refusal list”) on which entries are to be made as mentioned in rule 40ZB (refusal to deliver ballot paper: Great Britain). In the case of an election held in England and Wales or Scotland, a large notice must be displayed inside each polling station containing—
Rule 35 (questions to be put to voters) is amended as follows. In the table following paragraph (1), in the column headed “Questions”, in entry 1 (electors), entry 2 (proxies), entry 3 (proxies for an elector with an anonymous entry), entry 5 (postal voters) and entry 6 (proxy postal voters), before question (a) insert— In the case of an election held in England and Wales or Scotland, where a clerk— the clerk must refer the matter to the presiding officer, who must put the question to the person again. Where the presiding officer— the officer must refuse to deliver a ballot paper to the person. In the case of an election held in England and Wales or Scotland, see rule 40ZB (procedure where ballot paper is refused under this paragraph). For the purposes of this rule, a person answers the question “What is your name?” or “What is your address?” satisfactorily if— In the case of an elector in respect of whom a notice has been issued under section 13B(3B) or (3D), the references to the register in paragraph (3A) above are to be read as references to the notice issued under section 13B(3B) or (3D). In paragraph (4), after “vote” insert “(and for the purposes of this paragraph, an inquiry relating to the production of identification by a voter is not to be regarded as an inquiry as to the right of the person to vote)”. For the purposes of this rule, a person to whom any question is to be put is given “the required information” if the person is first informed that—
Rule 37 (voting procedure), as it extends to Northern Ireland, is amended as follows. For the heading substitute “Voting procedure and voter identification requirements: Northern Ireland”. The presiding officer or clerk must arrange for the voter to produce any document in a private area of the polling station if the voter so requests, and, in such a case, must ensure that no other persons witness the production except as permitted by the voter. In paragraph (1B), for the words from “the officer” to the end substitute — In paragraph (1C)— In paragraph (1D), after “decides” insert “or reasonably suspects (as the case may be)”. There is an exception from paragraph (1C) for cases within sub-paragraph (a) of paragraph (1B) where— The refusal to deliver a ballot paper under paragraph (1C) does not prevent the voter making a further application under paragraph (1), and paragraphs (1A) to (1DA) apply on any further application. For the purposes of paragraph (1B)(a)(ii), “relevant provision” means— In paragraph (1E)— In this rule a “forged document” means a false document made to resemble a specified document. No person other than the presiding officer or a clerk may inspect a document produced as proof of a voter’s identity, except as permitted by the voter.
Rule 37 (voting procedure), as it extends to England and Wales and to Scotland, is amended as follows. For the heading substitute “Voting procedure and voter identification requirements: Great Britain”. In paragraph (1)— A ballot paper must not be delivered to a voter unless the voter produces a specified document to the presiding officer or a clerk. The presiding officer or clerk must arrange for the voter to produce any document in a private area of the polling station if the voter so requests, and, in such a case, must ensure that no other persons witness the production except as permitted by the voter. Paragraph (1D) applies in relation to a voter where— Where this paragraph applies, the clerk must refer the matter and produce the document to the presiding officer, who must proceed as if the voter had produced the document to the presiding officer in the first place. The presiding officer must refuse to deliver a ballot paper to a voter where— See rule 40ZB (procedure where ballot paper is refused under this paragraph). But there is an exception from paragraph (1E) for cases within sub-paragraph (a) of that paragraph where— The refusal to deliver a ballot paper to a voter under paragraph (1E) does not prevent the voter making a further application under paragraph (1), and paragraphs (1A) to (1F) apply on any further application. In this rule a “specified document”, except in the case of a voter with an anonymous entry in the register of electors (as to which see paragraph (1K)), means any of the following documents (in whatever form issued to the holder) that contain a photograph of the holder— In paragraph (1H)(a) “United Kingdom passport” means a passport issued by— In paragraph (1H)(h), “relevant concessionary travel pass” means a concessionary travel pass listed in the second column of the following table— passes funded by the Government of the United Kingdom an Older Person’s Bus Pass a Disabled Person’s Bus Pass an Oyster 60+ card a Freedom Pass passes funded by the Scottish Government the National Entitlement Card passes funded by the Welsh Government a 60 and Over Welsh Concessionary Travel Card a Disabled Person’s Welsh Concessionary Travel Card passes issued under the Northern Ireland Concessionary Fares Scheme a Senior SmartPass a Registered Blind SmartPass or Blind Person’s SmartPass a War Disablement SmartPass or War Disabled SmartPass a 60+ SmartPass a Half Fare SmartPass In this rule a “specified document”, in the case of a voter who has an anonymous entry in the register of electors, means an anonymous elector’s document issued to the voter under section 13BE which— For the purposes of paragraph (1K)— A reference in this rule to a document that is a specified document is a reference to the document regardless of any expiry date relating to it (subject to paragraph (1N)). Paragraph (1M) does not apply to a document which— In this rule a “forged document” means a false document made to resemble a specified document. Regulations may make provisions varying paragraph (1H), (1I) or (1J) by— The power to make provision by virtue of paragraph (1Q)(b) is exercisable only on, and in accordance with, a recommendation of the Electoral Commission. No person other than the presiding officer or a clerk may inspect a document produced as proof of a voter’s identity, except as permitted by the voter. References in this rule to producing a document are to producing it for inspection. In paragraph (2), omit the words from “and only” to the end. In paragraph (3), omit sub-paragraph (a).
The relevant paragraphs of rule 37 apply in the case of a voter who applies under paragraph (1) above as they apply in the case of a voter who applies under rule 37(1), but as if— In paragraph (1A), “the relevant paragraphs of rule 37” means—
The relevant paragraphs of rule 37 apply in the case of a voter who applies under paragraph (1) above as they apply in the case of a voter who applies under rule 37(1), but as if— In paragraph (2A), “the relevant paragraphs of rule 37” means—
Rule 40 (tendered ballot papers) is amended as follows. The relevant paragraphs of rule 37 apply in the case of a person who seeks to mark a tendered ballot paper under this rule as they apply in the case of a voter who applies for a ballot paper under rule 37(1), subject to the modification set out in paragraph (1AA). The modification is that— the reference to making a further application under paragraph (1) of rule 37 were to seeking a further time to mark a tendered ballot paper under the paragraph of this rule under which a previous such attempt was made. In paragraph (1A), “the relevant paragraphs of rule 37” means— In paragraph (1B), after “where” insert “, at an election held in Northern Ireland”.
After rule 40ZA insert—
In rule 40A—
for the heading substitute “Refusal to deliver ballot paper: Northern Ireland”;
in paragraph (2), after “that” insert “and to rule 37(1DB)”.
After rule 40A insert—
In rule 43 (procedure on close of poll), after paragraph (1)(da) insert—.
After rule 53A insert—
In rule 54 (sealing up of ballot papers), after paragraph (2)(b) insert—.
In rule 55 (delivery of documents to registration officer), after paragraph (1)(ca) insert—.
An order— may be made by the High Court or the county court if satisfied by evidence on oath that the order is required for the purpose of an election petition relating to an election in England and Wales or Scotland.
After rule 56 insert—
In rule 57 (retention and public inspection of documents), after paragraph (2)(b) insert—.
In rule 58 (disposal of documents in Scotland), after paragraph (2)(b) insert—.
In the Appendix of Forms, the form of directions for the guidance of the voters in voting is amended as follows. Before the existing paragraph 1 insert— The existing paragraphs numbered 1, 2, 3 and 4 are re-numbered 2, 3, 4 and 5 respectively.
Section 2(3)(b) and (c) of the Elections (Northern Ireland) Act 1985, and section 2(1) of that Act so far as relating to those provisions, extend to England and Wales and to Scotland (as well as to Northern Ireland).
After section 7(4) of the Elections (Northern Ireland) Act 1985 insert—
Section 5(2) of the Electoral Fraud (Northern Ireland) Act 2002, and section 5(1) of that Act so far as relating to that provision, extend to England and Wales and to Scotland (as well as to Northern Ireland).
After section 8(5) of the Electoral Fraud (Northern Ireland) Act 2002 insert—
Section 13CZA of RPA 1983 (provision of false information: application for electoral identity card) extends to England and Wales and to Scotland (as well as to Northern Ireland).
After section 27(3) of the Northern Ireland (Miscellaneous Provisions) Act 2014 insert—
Section 2
Section 3
“working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.
A relevant enforcer, or a person authorised by a relevant enforcer, may make copies or records of any information or material provided under this Schedule.
Information provided by a person (“P”) in compliance with a requirement imposed under this Schedule is admissible in evidence in any proceedings (as long as it also complies with any requirements governing the admissibility of evidence in the circumstances in question). But in criminal proceedings in which P is charged with an offence other than one to which sub-paragraph (3) applies or in proceedings within sub-paragraph (4) to which both the Commission and P are parties— unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of P. This sub-paragraph applies to— Proceedings are within this sub-paragraph if they arise out of the exercise by the Commission of any of their powers under Schedule 19C to PPERA.
This paragraph applies where, immediately before the day specified for the purposes of this paragraph (“the specified day”), a person has a relevant postal vote entitlement lasting for— A “relevant postal vote entitlement” means an entitlement, resulting from the grant of a pre-commencement application, to vote by post (whether as elector or proxy) at parliamentary elections in England and Wales or Scotland or at local government elections in England (or both). The person’s relevant postal vote entitlement ends on the applicable 31 January (unless it ends sooner). “The applicable 31 January” means— “The signature refresh date” means the 31 January by which the registration officer would be required to send the person a regulation 60A notice (assuming no change in the person’s entitlement or entitlements to vote by post or by proxy after the specified day, and disregarding sub-paragraph (9)). As soon as practicable after the specified day, the registration officer must alter the record kept under paragraph 3(4) or 7(6) of Schedule 4 to RPA 2000 (as the case may be) so as to reflect any change resulting from sub-paragraph (3) in the period for which the person’s relevant postal vote entitlement lasts. The registration officer must, before the applicable 31 January, send the person— Sub-paragraph (9) applies where, as a result of sub-paragraph (3), a person’s relevant postal vote entitlement is to end on the signature refresh date. Any requirement to send the person a regulation 60A notice by the signature refresh date does not apply, unless— Expressions used in this paragraph and in Schedule 4 to RPA 2000 have the same meaning as in that Schedule. This paragraph does not apply in relation to a person who is registered in a register of parliamentary electors in pursuance of an overseas elector’s declaration made at any time before the day on which section 14 comes fully into force (see instead Part 2 of Schedule 7). In this paragraph—
RPA 1983 is amended as follows. In section 160 (persons reported personally guilty of corrupt or illegal practices)— In section 173 (incapacities on conviction for corrupt or illegal practice)—
In section 66 of the Police Reform and Social Responsibility Act 2011 (disqualification from election or holding office as police and crime commissioner), in subsection (3)—
omit the “or” at the end of paragraph (c);
after paragraph (d) insert ; or
Section 6
“RPA 1985” means the Representation of the People Act 1985;
Section 8 of the Representation of the People Act 1985 (proxies at parliamentary elections in Northern Ireland) is amended as follows. After subsection (2) insert— In subsection (3)— For subsection (5) substitute— After subsection (7) insert—
“the commencement date” means the date appointed for section 14 to come fully into force;
Schedule 5 to the Electoral Law Act (Northern Ireland) 1962 (local elections rules) is amended as follows. In rule 10(2) (validity of nomination papers), after sub-paragraph (b) insert— In the Appendix of Forms, in form 2 (consent to nomination), after “printed overleaf” insert “, or by reason of an order under section 30 of the Elections Act 2022”.
The Sentencing Act 2020 is amended as follows. Elections Act 2022 section 30 disqualification order Schedule 9 offence within the meaning of section 30 of that Act.
Schedule 1 to RPA 1983 (parliamentary election rules) is amended as follows. In rule 12(2)(c) (validity of nomination), after “1981” insert “or by virtue of an order under section 30 of the Elections Act 2022”.
The Government of Wales Act 2006 is amended as follows. In section 18 (effect of disqualification)— In Part 1 of Schedule 1A (categories of persons disqualified), after paragraph 6 insert—
An application for a proxy appointment that is made before, but not determined by, the day specified for the purposes of this paragraph (“the specified day”) is to be treated as not having been made so far as the application relates to— The registration officer must, as soon as practicable, send each person whose application is affected by sub-paragraph (1) information about how to make a fresh application to vote by proxy. Sub-paragraph (1) does not apply where the application was made on or after the day on which paragraph 2(2) comes into force. Expressions used in this paragraph and in paragraph 8 have the same meaning as in that paragraph.
An application for a proxy appointment that is made before, but not determined by, the day specified for the purposes of this paragraph (“the specified day”) is to be treated as not having been made so far as the application relates to— The Chief Electoral Officer for Northern Ireland must, as soon as practicable, send each person whose application is affected by sub-paragraph (1) information about how to make a fresh application to vote by proxy. Sub-paragraph (1) does not apply where the application was made on or after the day on which the relevant provisions come into force. More than one day may be specified for the purposes of this paragraph if the relevant provisions of this Schedule come into force on different days (and in such a case references in this paragraph to the specified day and to the relevant provisions of this Schedule are to be construed accordingly). Expressions used in this paragraph and in paragraph 9 have the same meaning as in that paragraph.
Section 8
Section 12
“RPA 2000” means the Representation of the People Act 2000.
In Part 1 of Schedule 2 to the Local Elections (Northern Ireland) Order 1985 (S.I. 1985/454), paragraph 3 (proxies at local elections) is amended as follows. After sub-paragraph (1) insert— In sub-paragraph (2)— For sub-paragraph (4) substitute—
This paragraph applies where— On the specified day, the proxy appointment ceases to have effect as mentioned in sub-paragraph (1)(b). The Chief Electoral Officer for Northern Ireland must, before the specified day, send the person who is entitled to vote by proxy by means of the proxy appointment— As soon as practicable after the specified day, the Chief Electoral Officer must alter the relevant absent voters’ records as necessary to reflect the change to the proxy appointment resulting from sub-paragraph (2). More than one day may be specified for the purposes of this paragraph if the relevant provisions of this Schedule come into force on different days (and in such a case references in this paragraph to the specified day and to the relevant provisions of this Schedule are to be construed accordingly). In this paragraph and paragraph 33—
In section 79 of the Local Government Act 1972 (qualifications for election and holding office as member of local authority), as it extends to England and Wales and applies in relation to England—
in subsection (1), for “a relevant citizen of the Union” substitute “, in the case of a local authority in England, a qualifying EU citizen or an EU citizen with retained rights”;
for subsection (2A) substitute—
The Police Reform and Social Responsibility Act 2011 is amended as follows. In section 51(6C)(a) (election to fill vacancy in office of commissioner), for the words from “disqualified” to “Union” substitute —. In section 52(1C)(a) (persons entitled to vote), for the words from “disqualified” to the end substitute —. In section 64(1C)(a) (disqualification from election as police and crime commissioner), for “relevant citizen of the Union” substitute “qualifying EU citizen or an EU citizen with retained rights”. In section 68 (citizenship condition)— In section 102(1) (interpretation)—
In paragraph 9(1) of Part 1 of Schedule 2 to the Local Elections (Northern Ireland) Order 1985 (additional requirements for applications for appointment of a proxy), after “name” insert “, date of birth”.
This paragraph applies to an application for a proxy appointment under paragraph 1 of Part 1 of Schedule 2 to the 1985 Order where the application is made before, but not determined by, the day specified for the purposes of this paragraph (“the specified day”). The application is to be treated as not having been made. The Chief Electoral Officer for Northern Ireland must, as soon as practicable, send each person whose application is affected by sub-paragraph (2) information about how to make a fresh application to vote by proxy. Sub-paragraph (2) does not apply where the application was made on or after the day on which the relevant provisions of this Schedule come into force. More than one day may be specified for the purposes of this paragraph if the relevant provisions of this Schedule come into force on different days (and in such a case references in this paragraph to the specified day and to the relevant provisions of this Schedule are to be construed accordingly).
“relevant referendum” means—
This paragraph applies where— On the specified day, the proxy appointment ceases to have effect as mentioned in sub-paragraph (1)(b). The Chief Electoral Officer for Northern Ireland must, before the specified day, send the person who is entitled to vote by proxy by means of the proxy appointment— As soon as practicable after the specified day, the Chief Electoral Officer must alter the relevant absent voters’ records as necessary to reflect the change to the proxy appointment resulting from sub-paragraph (2). More than one day may be specified for the purposes of this paragraph if the relevant provisions of Schedule 4 come into force on different days (and in such a case references in this paragraph to the specified day and to the relevant provisions of Schedule 4 are to be construed accordingly). In this paragraph and paragraph 48—
In this Part—
This paragraph applies where, immediately before the commencement date, a person to whom paragraph 14 applies has an entitlement to vote by post (whether as elector or proxy) at parliamentary elections in England and Wales or Scotland. Subject to sub-paragraph (3), the person’s entitlement to vote by post ends on the last day of the period of 12 months beginning with the date when the person’s entry in the register of parliamentary electors first takes effect (unless it ends sooner). Where— the entitlement ends at that time. As soon as practicable after the commencement date, the registration officer must alter the record kept under paragraph 3(4) or 7(6) of Schedule 4 to RPA 2000 (as the case may be) so as to reflect any change resulting from sub-paragraph (2) or (3) in the period for which the person’s entitlement to vote by post lasts.
An offence under any of the following provisions of the Offences against the Person Act 1861—
section 4 (soliciting murder);
section 16 (threats to kill);
section 18 (wounding with intent);
section 20 (inflicting bodily injury, with or without weapon);
section 21 (attempting to choke etc in order to commit any indictable offence);
section 23 (maliciously administering poison etc so as to endanger life or inflict grievous bodily harm);
section 28 (causing bodily injury by explosives);
section 29 (using explosives etc with intent to do grievous bodily harm);
section 30 (placing explosives with intent to do bodily injury);
section 35 (drivers of carriages injuring persons by furious driving);
section 42 (common assault or battery);
section 47 (assault occasioning bodily harm).
An offence under any of the following provisions of the Theft Act (Northern Ireland) 1969—
section 9, where the offence is burglary with intent to—
inflict grievous bodily harm on a person, or
do unlawful damage to a building or anything in it;
section 10 (aggravated burglary);
section 20 (blackmail).
An offence under either of the following provisions of the Criminal Law Act 1977—
section 6 (violence for securing entry);
section 51 (bomb hoaxes).
An offence under article 172A or 172B of the Road Traffic (Northern Ireland) Order 1981 (aggravated vehicle taking).
An offence under any of the following provisions of the Public Order Act 1986—
section 1 (riot);
section 2 (violent disorder);
section 3 (affray);
section 4 (using threatening or abusive words or behaviour etc with intent to cause fear of violence etc);
section 4A (intentional harassment, alarm or distress);
section 4B (intentional harassment, alarm or distress on account of sex);
section 5 (using threatening or abusive words or behaviour within the hearing or sight of someone likely to be caused alarm or distress);
section 18 (racial hatred: use of words or behaviour or display of written material);
section 19 (racial hatred: publishing or distributing written material);
section 20 (racial hatred: public performance of play);
section 21 (racial hatred: distributing, showing or playing a recording);
section 22 (racial hatred: broadcasting or including programme in programme service);
section 29B (religious hatred or hatred on the grounds of sexual orientation: use of words or behaviour or display of written material);
section 29C (religious hatred or hatred on the grounds of sexual orientation: publishing or distributing written material);
section 29D (religious hatred or hatred on the grounds of sexual orientation: public performance of play);
section 29E (religious hatred or hatred on the grounds of sexual orientation: distributing, showing or playing a recording);
section 29F (religious hatred or hatred on the grounds of sexual orientation: broadcasting or including programme in programme service).
An offence under section 1 of the Malicious Communications Act 1988 (sending communications with intent to cause distress or anxiety).
An offence under section 68 of the Criminal Justice and Public Order Act 1994 (aggravated trespass).
An offence under either of the following provisions of the Protection from Harassment (Northern Ireland) Order 1997—
article 4 (harassment);
article 6 (course of conduct involving putting someone in fear of violence).
An offence under any of the following provisions of the Sexual Offences Act 2003—
section 1 (rape);
section 2 (assault by penetration);
section 3 (sexual assault);
section 62 (committing an offence with intent to commit a relevant sexual offence) where the relevant sexual offence is an offence under section 1, 2, 3 or 66;
section 63 (trespass with intent to commit a relevant sexual offence) where the relevant sexual offence is an offence under section 1, 2, 3 or 66;
section 66 (exposure).
section 66A (sending etc photograph or film of genitals).
An offence under either of the following provisions of the Criminal Justice and Licensing (Scotland) Act 2010—
section 38 (threatening or abusive behaviour);
section 39 (stalking).
This paragraph applies to an application for a proxy appointment under section 7(1) or (2)(b) of the Representation of the People Act 1985 (as applied by Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599)) that is made before, but not determined by, the day specified for the purposes of this paragraph (“the specified day”). The application is to be treated as not having been made. The Chief Electoral Officer for Northern Ireland must, as soon as practicable, send each person whose application is affected by sub-paragraph (2) information about how to make a fresh application to vote by proxy. Sub-paragraph (2) does not apply where the application was made on or after the day on which the relevant provisions of Schedule 4 come into force. More than one day may be specified for the purposes of this paragraph if the relevant provisions come into force on different days (and in such a case references in this paragraph to the specified day and to the relevant provisions of Schedule 4 are to be construed accordingly).
This paragraph applies where— The amendments made to Schedule 4 to RPA 2000 by Schedule 3 to this Act do not apply in relation to the determination of the application. Any grant of the application is to be for—
Section 14
Section 15
In section 2 of RPA 1983 (local government electors), in subsection (1)(c), for the words from “Ireland” to the end substitute Ireland or—. In section 4 of that Act (entitlement to be registered as local government elector), in subsection (3)(c), for the words from “Ireland” to the end substitute Ireland or—. In section 7B of that Act (notional residence: declarations of local connection)— In section 15 of that Act (service declaration), in subsection (5)(a), for “, or by a relevant citizen of the Union; and” substitute or—. In section 16 of that Act (contents of service declaration), as it extends to England and Wales, in subsection (1)(e) for the words from “a relevant” to the end substitute —. In section 16 of that Act (contents of service declaration), as it extends to Northern Ireland, in paragraph (e) for “or a relevant citizen of the Union” substitute “or a qualifying EU citizen or an EU citizen with retained rights”. of the age appearing from the declaration and as not being subject to any legal incapacity except as so appearing. In section 49 of that Act (effect of registers), in subsection (5)(b)— In section 201 of that Act (regulations)— In section 203 of that Act (local government provisions as to England and Wales), at the appropriate place insert the following definitions—. After section 203 of that Act insert— After Schedule 6 to that Act insert—
Section 30
An offence under any of the following provisions of the Online Safety Act 2023—
section 179 (false communications);
section 181 (threatening communications);
section 183 (sending or showing flashing images).
An inchoate offence in relation to an offence listed in Part 1 or 2 of this Schedule. In sub-paragraph (1), inchoate offence, in relation to an offence, means— For the purposes of sub-paragraph (2)(c), an offence committed by a person under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) is related to another offence if that other offence is the offence (or one of the offences) which the person intended or believed would be committed.
Section 38
Section 48
Section 53
Summary proceedings for an offence under this Part may, without prejudice to any jurisdiction exercisable apart from this subsection, be taken against any body, including an unincorporated association, at any place at which it has a place of business, and against an individual at any place at which the individual is for the time being.
Subsections (3) to (7) apply to—
an offence within section 50(2)(a) or (b) (offences in relation to which the Commission may exercise enforcement functions), and
an offence under section 49(4) or 51(3) (order or notice to take down electronic material).
Despite anything in section 127(1) of the Magistrates’ Courts Act 1980, if the offence is triable by a magistrates’ court in England and Wales, any information relating to the offence may be so tried if it is laid at any time within three years after the commission of the offence and within six months after the relevant date.
Despite anything in section 136 of the Criminal Procedure (Scotland) Act 1995, summary proceedings for the offence may be commenced in Scotland at any time within three years after the commission of the offence and within six months after the relevant date; and subsection (3) of that section applies for the purposes of this subsection as it applies for the purposes of that section.
Despite anything in Article 19(1) of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)), if the offence is triable by a court of summary jurisdiction in Northern Ireland, a complaint relating to the offence may be so tried if it is made at any time within three years after the commission of the offence and within six months after the relevant date.
In subsections (3) to (5) “the relevant date” means the date on which evidence sufficient in the opinion of the prosecutor to justify proceedings comes to the prosecutor’s knowledge.
For the purposes of subsection (6) a certificate of any prosecutor as to the date on which such evidence came to the prosecutor’s knowledge is conclusive evidence of that fact.
Subsections (9) to (15) apply to an offence under this Part other than—
an offence within section 50(2)(a) or (b), or
an offence under section 49(4) or 51(3).
Despite anything in section 127(1) of the Magistrates’ Courts Act 1980, if the offence is triable by a magistrates’ court in England and Wales, any information relating to the offence may be so tried if it is laid at any time within one year after the commission of the offence.
Despite anything in section 136 of the Criminal Procedure (Scotland) Act 1995, summary proceedings for the offence may be commenced in Scotland at any time within one year after the commission of the offence; and subsection (3) of that section applies for the purposes of this subsection as it applies for the purposes of that section.
Despite anything in Article 19(1) of the Magistrates’ Courts (Northern Ireland) Order 1981, if the offence is triable by a court of summary jurisdiction in Northern Ireland, a complaint relating to the offence may be so tried if it is made at any time within one year after the commission of the offence.
A magistrates’ court in England and Wales may act under subsection (13) if satisfied on an application by a constable or a Crown prosecutor—
that there are exceptional circumstances which justify the granting of the application, and
that there has been no undue delay in the investigation of the offence to which the application relates.
The magistrates’ court may extend the time within which proceedings must be commenced in pursuance of subsection (9) to not more than two years after the commission of the offence.
An application under subsection (12) must be made not more than one year after the commission of the offence.
Any party to an application under subsection (12) who is aggrieved by the refusal of the magistrates’ court to act under subsection (13) may appeal to the Crown Court.
Where an offence under this Part committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of— that person, as well as the body corporate, is guilty of that offence and liable to be proceeded against and punished accordingly.
a person who is a director, manager, secretary or other similar officer of the body corporate, or
a person who was purporting to act in any such capacity,
Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate.
Proceedings for an offence alleged to have been committed under this Part by an unincorporated association are to be brought against the association in its own name (and not in that of any of its members) and, for the purposes of any such proceedings, any rules of court relating to the service of documents have effect as if the association were a corporation.
A fine imposed on an unincorporated association on its conviction of an offence under this Part must be paid out of the funds of the association.
Schedule 3 to the Magistrates’ Courts Act 1980 (procedure on charge of offence against a corporation) has effect in a case in which an unincorporated association is charged in England or Wales with an offence under this Part in the same way as it has effect in the case of a corporation so charged.
Schedule 4 to the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (procedure on charge of offence against a corporation) has effect in a case in which an unincorporated association is charged in Northern Ireland with an offence under this Part in the same way as it has effect in the case of a corporation so charged.
Where a partnership is guilty of an offence under this Part and the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any partner, the partner as well as the partnership is guilty of that offence and liable to be proceeded against and punished accordingly.
Where any other unincorporated association is guilty of an offence under this Part and the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of— the officer or member, as well as the association, is guilty of that offence and liable to be proceeded against and punished accordingly.
any officer of the association, or
any member of the committee or other similar governing body of the association,
The Secretary of State may make regulations under this Part only—
where the regulations give effect to a recommendation of the Commission, or
after consultation with the Commission.
Regulations under this Part—
are to be made by statutory instrument;
may make consequential, incidental, supplementary, transitional, transitory or saving provision.
A statutory instrument containing regulations under this Part may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
This section does not apply to regulations under section 54(9)(c).
In this Part “the Commission” means the Electoral Commission.
The Secretary of State must, within the review period—
prepare a report on the operation of this Act,
publish the report, and
lay a copy of the report before Parliament.
In subsection (1), “the review period” is the period—
beginning with the fourth anniversary of the day on which this Act is passed, and
ending with the fifth anniversary of that day.
The Secretary of State may by regulations made by statutory instrument amend— in consequence of the amendment or revocation of any subordinate legislation which is for the time being referred to in the provision.
any provision of this Act, or
any provision inserted by this Act into another Act,
In subsection (1), “subordinate legislation” means—
subordinate legislation within the meaning of the Interpretation Act 1978, or
an instrument made under—
an Act of the Scottish Parliament,
a Measure or Act of Senedd Cymru, or
Northern Ireland legislation.
A statutory instrument containing regulations under subsection (1) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
There is to be paid out of money provided by Parliament—
any expenditure incurred by a Minister of the Crown under or by virtue of this Act, and
any increase attributable to this Act in the sums payable under any other Act out of money so provided.
There is to be paid out of the Consolidated Fund any increase attributable to this Act in the sums payable under any other Act out of that Fund.
There is to be paid into the Consolidated Fund any increase attributable to this Act in the sums payable into that Fund under any other Act.
In this Act—
“relevant elective office” means the office of—
The Secretary of State may by regulations— In sub-paragraph (1), “excluded application” means an application in relation to a local government election, or local government elections, in Scotland or Wales. Regulations under sub-paragraph (1) may make— The consequential provision that may be made by virtue of sub-paragraph (3)(b) includes provision amending any provision made by the Representation of the People Acts. Regulations under sub-paragraph (1) are to be made by statutory instrument. A statutory instrument containing regulations under sub-paragraph (1) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
This paragraph applies where— On the specified day, the proxy appointment ceases to have effect as mentioned in sub-paragraph (1)(b). The registration officer must, before the specified day, send the person who is entitled to vote by proxy by means of the proxy appointment— As soon as practicable after the specified day, the registration officer must alter the relevant absent voters’ records as necessary to reflect the change to the proxy appointment resulting from sub-paragraph (2). Where the specified day is 31 January in a particular year, sub-paragraph (6) applies in relation to a person who— The requirement to send the person a regulation 60A notice by the specified day does not apply, unless— Nothing in sub-paragraph (2) affects the proxy appointment so far as it also relates to any election or elections other than those mentioned in sub-paragraph (1)(b). In this paragraph—
Kidnapping.
This paragraph applies where— On the specified day, the proxy appointment ceases to have effect as mentioned in sub-paragraph (1)(b). The Chief Electoral Officer for Northern Ireland must, before the specified day, send the person who is entitled to vote by proxy by means of the proxy appointment— As soon as practicable after the specified day, the Chief Electoral Officer must alter the relevant absent voters’ records as necessary to reflect the change to the proxy appointment resulting from sub-paragraph (2). More than one day may be specified for the purposes of this paragraph if the relevant provisions come into force on different days (and in such a case references in this paragraph to the specified day and to the relevant provisions of this Schedule are to be construed accordingly). In this paragraph—
Murder.
This Act extends to England and Wales, Scotland and Northern Ireland, subject to the following provisions of this section.
In Part 1—
the following provisions extend to England and Wales and Scotland only—
paragraphs 2, 7, 18, 22, 24, 27 to 32, 34, 36 and 38 of Schedule 1, and section 1 so far as relating to those paragraphs;
section 3 and Schedule 3;
paragraphs 8 and 10 of Schedule 4, and section 6 so far as relating to those paragraphs;
the following provisions extend to Northern Ireland only—
paragraphs 3, 11, 17, 26, 35, 37 and 39 of Schedule 1, and section 1 so far as relating to those provisions;
paragraphs 9 and 11 of Schedule 4, and section 6 so far as relating to those paragraphs;
paragraphs 32, 33, 47 and 48 of Schedule 6, and section 12 so far as relating to those paragraphs;
any amendment, repeal or revocation has the same extent as the enactment amended, repealed or revoked, except where contained in a provision for which a different extent is provided by this subsection.
Any amendment, repeal or revocation made by any of the following provisions has the same extent in the United Kingdom as the enactment amended, repealed or revoked—
Parts 3 and 4;
Schedule 7;
Parts 2 and 3 of Schedule 8;
Schedule 10.
In Part 1 of Schedule 8—
the amendments made by paragraph 1(1) and (5) extend to England and Wales only;
the amendments made by paragraph 1(2) to (4) and (7) to (12) extend to England and Wales and Northern Ireland only;
the amendment made by paragraph 1(6) extends to Northern Ireland only.
Subsections (1) and (2) of section 384 of the Armed Forces Act 2006 (extent outside the United Kingdom) apply to the amendments of that Act made by paragraph 8 of Schedule 10 as those subsections apply to the provisions of that Act.
Subject to subsection (3), the provisions of this Act come into force on such day as the Secretary of State may by regulations made by statutory instrument appoint.
Regulations under subsection (1) may appoint different days for different purposes or areas.
This Part comes into force on the day on which this Act is passed.
The Secretary of State may by regulations made by statutory instrument make transitional, transitory or saving provision in connection with the coming into force of any provision of this Act.
Regulations under subsection (4) may make different provision for different purposes or areas.
This Act may be cited as the Elections Act 2022.